Opinion
CIVIL 7:23-CV-00341
12-21-2023
CYNTHIA BANDA, Plaintiff, v. CITY OF MCALLEN, TEXAS, Defendant.
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
DREW B. TIPTON UNITED STATES DISTRICT JUDGE
Pending before the Court is the December 5, 2023 Memorandum and Recommendation (“M&R”) prepared by Magistrate Judge Peter Bray. (Dkt. No. 15). Judge Bray made findings and conclusions and recommended that Defendant's Motion to Dismiss, (Dkt. No. 4), be denied. (Dkt. No. 15).
The Parties were provided proper notice and the opportunity to object to the M&R. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b). No party filed an objection. As a result, review is straightforward: plain error. Guillory v. PPG Indus., Inc., 434 F.3d 303, 308 (5th Cir. 2005). No plain error appears.
Accordingly, the Court accepts the M&R and adopts it as the opinion of the Court. It is therefore ordered that:
(1) Judge Bray's M&R (Dkt. No. 15) is ACCEPTED and ADOPTED in its entirety as the holding of the Court; and
(2) Defendant's Motion to Dismiss, (Dkt. No. 4), is DENIED.
It is SO ORDERED.