Manley v. First Texas Auto Credit, Inc.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
TREMAINE MANLEY,
Plaintiff.
V.
FIRST TEXAS AUTO CREDIT,
INC.,
Defendant.
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CIVIL ACTION NO. 4:25-CV-3099
ORDER ADOPTING MAGISTRATE JUDGE’S
MEMORANDUM AND RECOMMENDATION
On November 7, 2025, this case was referred to United States Magistrate Judge
Christina A. Bryan for all pretrial purposes. (Dkt. 28). Judge Bryan filed a Memorandum
and Recommendation on April 9, 2026, recommending that Defendant’s motion to dismiss
(Dkt. 22) be GRANTED; that Plaintiff’s claims under federal law be DISMISSED WITH
PREJUDICE; and that Plaintiff’s claims under state law be DISMISSED WITHOUT
PREJUDICE. (Dkt. 39). On April 9, 2026, Plaintiff filed his objections. (Dkt. 40).
In accordance with 28 U.S.C. § 636(b)(1)(C), this Court is required to “make a de
novo determination of those portions of the [magistrate judge’s] report or specified
proposed findings or recommendations to which objection [has been] made.” After
conducting this de novo review, the Court may “accept, reject, or modify, in whole or in
part, the findings or recommendations made by the magistrate judge.” Id.; see also F ED. R.
C IV. 	P. 	72(b)(3). 	The 	Court 	has 	carefully 	considered 	Plaintiff’s 	objections; 	the
Memorandum and Recommendation; the pleadings; and the record. The Court ACCEPTS
United States District Court
Southern District of Texas
ENTERED
May 13, 2026
Nathan Ochsner, Clerk
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Judge Bryan’s Memorandum and Recommendation and ADOPTS it as the opinion of the
Court.
It is therefore ORDERED that:
(1) 	Judge 	Bryan’s 	Memorandum 	and 	Recommendation 	(Dkt. 	39) 	is
APPROVED AND ADOPTED in its entirety as the holding of the Court;
(2) 	Defendant’s motion to dismiss (Dkt. 22) is GRANTED;
(3) 	Plaintiff’s claims under federal law are DISMISSED WITH PREJUDICE;
and
(4) 	Plaintiff’s 	claims 	under 	state 	law 	are 	DISMISSED 	WITHOUT
PREJUDICE.
It is so ORDERED.
SIGNED at Houston, Texas on May 13, 2026.
__________________________
GEORGE C. HANKS, JR.
UNITED STATES DISTRICT JUDGE
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