Summary
The United States District Court for the Western District of Texas adopted a magistrate judge’s Report and Recommendation after finding no objections and determining that the recommendation was neither clearly erroneous nor contrary to law. The court granted Freedom Mortgage Corporation’s motion to dismiss, dismissed the plaintiff’s claims, and closed the case.
Topics
Practice areas
Questions Presented
- Whether the magistrate judge's Report and Recommendation should be adopted when no party filed objections.
- Whether the defendant's motion to dismiss should be granted and the plaintiff's claims dismissed.
Holdings
- When no party objects to a magistrate judge's findings and recommendations, the district court reviews the report and recommendation for clear error and will adopt it if it is neither clearly erroneous nor contrary to law.
- The defendant's motion to dismiss the plaintiff's complaint is granted, and the plaintiff's claims are dismissed.
Key quotations
“After such review, the Court finds that the R&R is neither clearly erroneous nor contrary to law. Accordingly, the Court ADOPTS the Magistrate Judge’s R&R (Dkt. No. 15) and, for the reasons set forth therein, Defendant’s Motion to Dismiss Plaintiff's Complaint (Dkt. No. 6) is GRANTED, and Plaintiff’s claims are DISMISSED. This case is CLOSED.”
Factual background
The opinion contains no substantive factual discussion of the underlying dispute. It identifies the action as one involving Angel C. Gonzales and Freedom Mortgage Corporation and states that the defendant moved to dismiss the complaint.
Procedural history
Magistrate Judge Elizabeth S. Chestney issued a Report and Recommendation on December 5, 2025, recommending disposition of Freedom Mortgage Corporation's motion to dismiss. The Report and Recommendation was served by certified mail, and no party objected. The district court reviewed the recommendation for clear error, adopted it, granted the motion to dismiss, dismissed the plaintiff's claims, and closed the case.