Summary
The United States District Court for the Southern District of Texas adopts a magistrate judge’s Memorandum and Recommendation in Pshatoia LaRose’s pro se action against Jalen Hurts and Philadelphia Eagles, LLC. The court overrules LaRose’s objections, finds no clear error, grants the Eagles’ motion to dismiss, and dismisses all claims with prejudice based on res judicata.
Holdings
- A district court reviews de novo those conclusions of a magistrate judge to which a party specifically objects and may accept unobjected-to portions upon finding no clear error.
- Plaintiff's objections were overruled because they lacked merit and did not specifically challenge the conclusion that her claims were barred by res judicata.
- The Memorandum and Recommendation was adopted, Philadelphia Eagles, LLC's motion to dismiss was granted, and all claims asserted by Plaintiff were dismissed with prejudice.
Questions Presented
- Whether Plaintiff's motion to vacate constituted specific objections requiring de novo review of the magistrate judge's Memorandum and Recommendation.
- Whether the Memorandum and Recommendation should be adopted and Plaintiff's claims dismissed with prejudice based on the absence of meritorious objections and the recommendation that the claims were barred by res judicata.
Disposition
dismissed
Cases Cited (3)
- United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989) (per curiam)(followed)
- Guillory v. PPG Industries, Inc., 434 F.3d 303, 308 (5th Cir. 2005)(followed)
- Douglass v. United Services Automobile Association, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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