America v. Texas Comptroller of Public Accounts, et al.

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
FREDDIE AMERICA
v.
TEXAS COMPTROLLER OF
PUBLIC ACCOUNTS, ET AL.
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CIVIL NO. 4:25-CV-1361-SDJ
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE
Before the Court is the Report and Recommendation of the United States
Magistrate Judge in this action, (Dkt. #5), this matter having been referred to the
Magistrate Judge pursuant to 28 U.S.C. § 636 and Local Rule CV-72, (Dkt. #3-1). In
the 	report, 	the 	Magistrate 	Judge 	recommends 	that 	the 	Court 	deny 	Plaintiff’s
Emergency Motion for Temporary Restraining Order and Preliminary Injunction,
(Dkt. #2), as to the requested temporary restraining order. The Magistrate Judge did
not issue a recommendation as to the requested preliminary injunction, explaining
instead that “the court will withhold ruling on America’s request for a preliminary
injunction until [Defendant] Hancock has appeared.” (Dkt. #5 at 5).
Having reviewed the Report and Recommendation, and no timely objections
being filed, the Court is of the opinion that the findings and conclusions of the
Magistrate Judge are correct and adopts the Magistrate Judge’s report as the
findings and conclusions of the Court.
It is therefore ORDERED that Plaintiff’s Emergency Motion for Temporary
Restraining Order and Preliminary Injunction, (Dkt. #2), is DENIED as to the
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requested temporary restraining order. The Court will defer ruling on Plaintiff’s
request for a preliminary injunction until Defendants have appeared.
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