X.D. v. Totally Kids Learning Center

Opinion

□ Southern District of Texas ENTERED UNITED STATES DISTRICT COURT September 05, 202 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk BROWNSVILLE DIVISION X.D. JR, by his mother and father as next § ° friends, Vanessa De Leon and Xavier § Duran, § “Plaintiff,” § : § § Civil Action No. 1:24-cv-00051 § TOTALLY KIDZ LEARNING CENTER, § et al., “Defendants.” § ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Before the Court is the “Magistrate Judge’s Report and Recommendation” (“R&R”) (Dkt. No. 25). The R&R recommends this Court (1) deny Defendants’ “Motion to Dismiss Plaintiff's Original Complaint” (“MTD”) (Dkt. No. 15); and (2) grant Plaintiff leave to amend their □ complaint. Neither party objected to the R&R. See Dkt. Nos. 26 & 28. When there are no objections to the magistrate’s ruling, the appropriate standard of review is “clearly erroneous, abuse of discretion and contrary to law.” United States v. Wilson, 864 F.2d 1219, 1221 (Sth Cir. 1989). Finding no clear error, abuse of discretion, or finding contrary to law, the R&R (Dkt. No. 25) is ADOPTED. For these reasons, Defendants’ MTD (Dkt. No. 15) is DENIED, and Plaintiff is GRANTED leave to amend their complaint. Because Plaintiff recently filed their amended complaint (Dkt. No. 29) while this order was pending,! the Court ORDERS the Clerk of the Court to docket the amended complaint as a new entry to reflect that the amended complaint is the live pleading. □□□ Signed on this day of Sethe Ls, 2024.

RoMindo Olvera nited States District Judge

' Plaintiff's amended complaint (Dkt. No. 29) was mistakenly categorized in the docket as a “motion”.