Opinion
Civil Action 4:21-CV-1152
12-06-2023
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 November 14, 2023 Memorandum and Recommendation (“M&R”) prepared by Magistrate Judge Peter Bray. (Dkt. No. 107). Judge Bray made findings and conclusions and recommended that “Plaintiff's Motion to Objection to United States District Court Judgement” (Dkt. No. 104), be denied. (Dkt. No. 107).
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). On November 29, 2022, Plaintiff filed objections. (Dkt. No. 108, 109). It is difficult to ascertain the legal bases supporting Plaintiff's objections, but the Court understands that Plaintiff disagrees with the granting of summary judgment in Defendants' favor. He makes a number of arguments already fully considered.
In accordance with 28 U.S.C. § 636(b)(1)(C), the Court is required to “make a de novo determination of those portions of the [magistrate judge's] report or specified proposed findings or recommendations to which objection [has been] made.” After conducting this de novo review, the Court may “accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” Id.; see also Fed.R.Civ.P. 72(b)(3).
The Court has carefully considered de novo those portions of the M&R to which objection was made, and reviewed the remaining proposed findings, conclusions, and recommendations for plain error. Finding no error, 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. 107) is ACCEPTED and ADOPTED in its entirety as the holding of the Court; and
(2) “Plaintiff's Motion to Objection to United States District Court Judgement” (Dkt. No. 104), is DENIED.
IT IS SO ORDERED.