Kamel v. Prosper-Parkside Homeowners Association Inc et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
SHEREEF KAMEL,
Plaintiff,
v.
PROSPER-PARKSIDE
HOMEOWNERS ASSOCIATION
INC., et al.,
Defendants.
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Case No. 4:25-cv-221-JDK-KNM
ORDER ADOPTING REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
Before the Court are Defendants Shelly Mathews and Amy Klindt’s motions to
dismiss under Rule 12(b)(6). Docket Nos. 84; 86. This case was referred to United
States Magistrate Judge K. Nicole Mitchell in accordance with 28 U.S.C. § 636.
On February 11, 2026, Judge Mitchell issued a Report and Recommendation
recommending that the motions to dismiss be granted and that Plaintiff’s claims
against Defendants Shelly Mathews and Amy Klindt be dismissed with prejudice.
Docket No. 100. No written objections have been filed, and the time for filing
objections has passed.
This Court reviews the findings and conclusions of the Magistrate Judge de
novo only if a party objects within fourteen days of service of the Report and
Recommendation. 28 U.S.C. § 636(b)(1). In conducting a de novo review, the Court
examines the entire record and makes an independent assessment under the law.
Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc),
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superseded on other grounds by statute, 28 U.S.C. § 636(b)(1) (extending the time to
file objections from ten to fourteen days).
Here, no objections were filed. The Court therefore reviews the Magistrate
Judge’s findings for clear error or abuse of discretion and reviews her legal
conclusions to determine whether they are contrary to law. See United States v.
Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989) (holding that, if no objections to a
Magistrate Judge’s Report are filed, the standard of review is “clearly erroneous,
abuse of discretion and contrary to law”).
Having reviewed the Magistrate Judge’s Report and Recommendations, the
Court finds no clear error or abuse of discretion and no conclusions contrary to law.
Accordingly, the Court hereby ADOPTS the Report and Recommendation of the
United States Magistrate Judge (Docket No. 100) as the opinion of this Court.
Defendants’ motions to dismiss (Docket Nos. 84; 86) are GRANTED, and Plaintiff’s
claims against Defendants Shelly Mathews and Amy Klindt are DISMISSED with
prejudice.
So ORDERED and SIGNED this day of
___________________________________
JEREMY D. KERNODLE
UNITED STATES DISTRICT JUDGE
27th	February, 2026.
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