Filed: Mar. 02, 2018
Latest Update: Mar. 02, 2018
Summary: ORDER HILDA TAGLE , Senior District Judge . The Court is in receipt of Respondent's July 21, 2017, motion to dismiss, Dkt. No. 15; the October 19, 2017, Memorandum and Recommendation ("M&R") of the Magistrate Judge to whom this case was referred, Dkt. No. 17; and Petitioner's October 30, 2017, objection to the M&R, Dkt. No. 18. The Court reviews objected-to portions of a Magistrate Judge's proposed findings and recommendations de novo. 28 U.S.C. 636(b)(1). Plaintiff's objection is frivo
Summary: ORDER HILDA TAGLE , Senior District Judge . The Court is in receipt of Respondent's July 21, 2017, motion to dismiss, Dkt. No. 15; the October 19, 2017, Memorandum and Recommendation ("M&R") of the Magistrate Judge to whom this case was referred, Dkt. No. 17; and Petitioner's October 30, 2017, objection to the M&R, Dkt. No. 18. The Court reviews objected-to portions of a Magistrate Judge's proposed findings and recommendations de novo. 28 U.S.C. 636(b)(1). Plaintiff's objection is frivol..
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ORDER
HILDA TAGLE, Senior District Judge.
The Court is in receipt of Respondent's July 21, 2017, motion to dismiss, Dkt. No. 15; the October 19, 2017, Memorandum and Recommendation ("M&R") of the Magistrate Judge to whom this case was referred, Dkt. No. 17; and Petitioner's October 30, 2017, objection to the M&R, Dkt. No. 18.
The Court reviews objected-to portions of a Magistrate Judge's proposed findings and recommendations de novo. 28 U.S.C. § 636(b)(1). Plaintiff's objection is frivolous, conclusory, general, or contains no arguments that the M&R has not already considered. See Dkt. Nos. 17, 18; Battle v. United States Parole Comm'n, 834 F.2d 419 (5th Cir. 1987) (determining that a district court need not consider frivolous, conclusive, or general objections). After independently reviewing the record and considering the applicable law, the Court adopts the proposed M&R in its entirety. Dkt. No. 17. Thus, the Court OVERRULES Plaintiff's objection. Dkt. No. 18.
The Court hereby:
• GRANTS Respondent's motion to dismiss, Dkt. No. 15, and
• DISMISSES WITHOUT PREJUDICE this action.
The Court will enter final judgment separately.
