Gutierrez v. Stephens

Western District of Texas, txwd-6:2014-cv-00289

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION denying as moot {{13}} MOTION for Continuance, denying {{8}} MOTION for Summary Judgment with Brief in Support, granting {{14}} MOTION to Change Venue to Waco Division. The Court ORDERS this action transferred to the United States District Courtof the Western District of Texas, Waco Division. (Signed by Judge Nelva Gonzales Ramos) Parties notified.(mserpa, 2) [Transferred from Texas Southern on 6/24/2014.]

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION JACOB GUTIERREZ, § § Petitioner, § VS. § CIVIL ACTION NO. 2:14-CV-00035 § WILLIAM STEPHENS, § § Respondent. § ORDER ADOPTING MEMORANDUM AND RECOMMENDATION On May 22, 2014, United States Magistrate Judge Jason B. Libby issued his "Memorandum and Recommendation" (D.E. 15). The parties were provided proper notice of, and opportunity to object to, the Magistrate Judge's Memorandum and Recommendation. FED. R. CIV. P. 72(b); 28 U.S.C. § 636(b)(1); General Order No. 2002-13. No objections have been filed. When no timely objection to a magistrate judge's memorandum and recommendation is filed, the district court need only satisfy itself that there is no clear error on the face of the record and accept the magistrate judge's memorandum and recommendation. Guillory v. PPG Industries, Inc., 434 F.3d 303, 308 (5th Cir. 2005) (citing Douglass v. United Services Auto Ass'n, 79 F.3d 1415, 1420 (5th Cir. 1996)). Having reviewed the findings of fact and conclusions of law set forth in the Magistrate Judge's Memorandum and Recommendation (D.E. 15), and all other relevant documents in the record, and finding no clear error, the Court ADOPTS as its own the findings and conclusions of the Magistrate Judge. Accordingly, the Court GRANTS the 1/2 Petitioner's Motion for Change of Venue (D.E. 14), DENIES Respondent's Motion for Summary Judgment (D.E. 8), and DENIES as moot Petitioner's Motion for Continuance (D.E. 13). The Court ORDERS this action transferred to the United States District Court of the Western District of Texas, Waco Division. ORDERED this 23rd day of June, 2014. ___________________________________ NELVA GONZALES RAMOS UNITED STATES DISTRICT JUDGE 2/2