Summary
recommending summary judgment be granted for the defendants when plaintiff pleaded no actual damages for violations of TDCA § 392.304
Summary of this case from Olanipekun v. JPMorgan Chase BankOpinion
CASE NO. 4:11-CV-488
02-17-2013
THOMAS E. WHATLEY, III, Plaintiff, v. AHF FINANCIAL SERVICES, LLC, ALPHINE H. FREEMAN III, and X-RAY ASSOCIATES OF NEW MEXICO, P.C., Defendants.
Judge Clark/Judge Mazzant
ORDER PARTIALLY ADOPTING REPORT AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636. On December 17, 2012, the report of the Magistrate Judge was entered containing proposed findings of fact and recommendations that Defendant X-Ray Associates of New Mexico, PC's Motion for Summary Judgment [Doc. #49] be granted.
Having received the report of the United States Magistrate Judge, and no objections thereto having been timely filed to this portion of the report and recommendation, this court is of the opinion that the findings and conclusions of the Magistrate Judge are correct and adopts the Magistrate Judge's report as the findings and conclusions of the court.
It is, therefore, ORDERED that that Defendant X-Ray Associates of New Mexico, PC's Motion for Summary Judgment [Doc. #49] is GRANTED. Defendant X-Ray Associates of New Mexico, PC is dismissed from this litigation, since the court has dismissed all claims against this Defendant.
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Ron Clark
United States District Judge