Reported / Citable
Background
Ian McVay and Senior Plus Advisors, LLC were parties to an action before the Eastern District of Texas. McVay filed a motion asking the court to dismiss the matter with prejudice and remand the case.
The matter had been referred to a U.S. magistrate judge under 28 U.S.C. § 636. On August 12, 2026, the magistrate judge recommended denying McVay’s motion, and neither party objected to that recommendation.
The Court’s Holding
District Judge Amos L. Mazzant adopted the magistrate judge’s findings and conclusions after reviewing the report and the other relevant filings. The court concluded that the report’s findings and conclusions were correct.
The court therefore denied McVay’s motion to dismiss with prejudice and remand the case. The one-page memorandum did not separately analyze the motion’s two requested forms of relief or provide additional reasoning beyond adopting the unopposed report.
Key Takeaways
- The district court adopted an unopposed magistrate judge’s report and recommendation.
- McVay’s combined request for dismissal with prejudice and remand was denied.
- The memorandum itself provides no substantive discussion of the grounds for denying either requested form of relief.
Why It Matters
The ruling leaves the action before the district court rather than granting the disposition and remand requested by McVay. It also illustrates that, when no party objects to a magistrate judge’s recommendation, a district court may adopt the recommendation in a concise order after reviewing the report and relevant filings.