Marciante v. Kimco Realty Corp.

• Docket Number: Civil Action 4:23-CV-00659
• Decision Date: 15 January 2024
• Parties: ALFRED CHARLES MARCIANTE, Plaintiff. v. KIMCO REALTY CORPORATION, et al., Defendants.
• Court: U.S. District Court — Southern District of Texas

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ALFRED CHARLES MARCIANTE, Plaintiff. v. KIMCO REALTY CORPORATION, et al., Defendants.

Civil Action No. 4:23-CV-00659

United States District Court, S.D. Texas, Houston Division

January 15, 2024

ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATION

GEORGE C. HANKS, JR. UNITED STATES DISTRICT JUDGE

On November 2, 2023, all pretrial matters in this case were referred to United States Magistrate Judge Andrew M. Edison under 28 U.S.C. § 636(b)(1). Dkt. 17. Judge Edison filed a Memorandum and Recommendation on December 28, 2023, recommending that Defendants' Motion to Dismiss for Want of Prosecution (Dkt. 19) be GRANTED. Dkt. 22.

No objections have been filed to the Memorandum and Recommendation. Accordingly, the Court reviews the Memorandum and Recommendation for plain error on the face of the record. 28 U.S.C. § 636(b)(1); see also FED. R. CIV. P. 72(b)(3).

Based on the pleadings, the record, and the applicable law, the Court finds that there is no plain error apparent from the face of the record. Accordingly, it is hereby ORDERED and ADJUDGED that:

(1) Judge Edison's Memorandum and Recommendation (Dkt. 22) is APPROVED and ADOPTED in its entirety as the holding of the Court; and

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(2) Defendants' Motion to Dismiss for Want of Prosecution (Dkt. 19) is GRANTED.

It is so ORDERED.