Carter v. Allstate Fire and Casualty Insurance Company et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
TIFFANY MICHELLE CARTER,
Plaintiff.
VS.
ALLSTATE FIRE AND CASUALTY
INSURANCE COMPANY, et al.,
Defendants.
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CIVIL ACTION NO. 4:25-CV-3819
ORDER ADOPTING MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION
On November 4, 2025, this case was referred to United States Magistrate Judge
Peter Bray for all pretrial purposes. (Dkt. 18). Judge Bray filed a Memorandum and
Recommendation on May 15, 2026 recommending that: (1) Plaintiff’s motion to remand
be denied; (2) Plaintiff’s claims against Defendant Mariah Newsome (“Newsome”) be
dismissed without prejudice on the basis that Newsome was improperly joined; and (3)
Newsome’s two motions to dismiss be denied as moot. (Dkt. 37).
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:
United States District Court
Southern District of Texas
ENTERED
July 07, 2026
Nathan Ochsner, Clerk
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(1) 	Judge Bray’s Memorandum and Recommendation (Dkt. 37) is APPROVED
and ADOPTED in its entirety as the holding of the Court;
(2) 	Plaintiff’s motion to remand (Dkt. 15) is DENIED;
(3) 	Plaintiff’s claims against Defendant Mariah Newsome are DISMISSED
WITHOUT PREJUDICE on the basis that Newsome was improperly
joined; and
(4) 	Newsome’s motions to dismiss (Dkt. 13; Dkt. 30) are DENIED AS MOOT.
It is so ORDERED.
SIGNED at Houston, Texas on July 7, 2026.
__________________________
GEORGE C. HANKS, JR.
UNITED STATES DISTRICT JUDGE
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