Joey Douglas Martin v. ABM Facility Services

Summary

The United States District Court for the Southern District of Texas adopts a magistrate judge’s Memorandum and Recommendation recommending denial of the plaintiff’s motion to alter or amend the judgment. The court overrules the plaintiff’s objections, finds no clear error, and denies the motion.

Holdings

1. A district court reviews de novo the conclusions of a magistrate judge to which a party specifically objects and may accept unobjected-to portions when no clear error appears on the face of the record.
2. Martin was not entitled to alter or amend the judgment because his objections and motion lacked merit and failed to demonstrate manifest legal error in the prior dismissal order.

Questions Presented

1. Whether the district court should sustain Martin's objections to the magistrate judge's recommendation concerning his motion to alter or amend the final judgment.
2. Whether Martin demonstrated manifest legal error warranting alteration or amendment of the judgment.

Disposition

other