TriOak Bar D, LLC v. Guadalupe County, Texas

Opinion

FILED UNITED STATES DISTRICT COURT February 18, 2025 WESTERN DISTRICT OF TEXAS Whorean piotnier □□ □□□□□ SAN ANTONIO DIVISION a NM TRIOAK BAR D, LLC et al, § DEPUTY Plaintiffs, : v. : CIVIL NO. SA-24-CV-981-OLG GUADALUPE COUNTY, TEXAS et al., : Defendants. ; ORDER The Court has considered United States Magistrate Judge Elizabeth S. Chestney’s (“Judge Chestney”) Report and Recommendation (the “Recommendation”) (Dkt. No. 20), filed on January 22, 2025, concerning Defendants’ Motion to Dismiss Plaintiffs’ First Amended Complaint (the “Motion to Dismiss”) (Dkt. No. 12). In the Recommendation, Judge Chestney recommended that the Motion to Dismiss be denied. No party filed objections to the Recommendation. When no party objects to a magistrate judge’s recommendation, the Court need not conduct a de novo review of the entire record. See U.S.C. § 636(b)(1) (“A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings and recommendation to which objection is made.”); see also FED. R. Civ. P. 72(b). Rather, the Court need only review the magistrate judge’s recommendation to determine whether it is clearly erroneous or contrary to law. United States v. Wilson, 864 F.2d 1219, 1221 (Sth Cir. 1989). After reviewing the Recommendation, the Court concludes that it is correct. Accordingly, the Recommendation (Dkt. No. 20) is ACCEPTED and, for the reasons set forth therein, the Motion to Dismiss (Dkt. No. 12) is DENIED.

IT IS SO ORDERED. SIGNED this | 7 day of February, 2025. Ww, \

ORLANDO L. GARCIA UNITED STATES DISTRICT JUDGE