□ Southern District of Texas ENTERED March 24, 2022 UNITED STATES DISTRICT COURT Nathan Ochsner, Clerk SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION JOSEPH P. GARBARINI, § § Plaintiff, § VS. § CIVIL ACTION NO. 2:20-CV-216 § JANAS RANGEL, et al., § § Defendants. § ORDER ADOPTING MEMORANDUM AND RECOMMENDATION Before the Court is Magistrate Judge Julie K. Hampton’s Memorandum and Recommendation (“M&R”), entered on January 12, 2022. (D.E. 72). The M&R recommends that the Court grant Defendants Angel Janas, Victor Quiroga, and Evelyn Castro’s motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1). Jd. Plaintiff timely filed objections to the M&R on February 17, 2022. (D.E. 74). Having carefully reviewed the proposed findings and conclusions of the M&R, the record, the applicable law, and having made a de novo review of the portions of the M&R to which Plaintiffs objections were directed,

(b)(1), the Court OVERRULES Plaintiffs objections in their entirety. (D.E. 74, p. 1-5). Accordingly, the Court: (1) ADOPTS the M&R. (D.E. 72). (2) Plaintiff's second amended complaint (D.E. 56) is DISMISSED without prejudice, as the Court lacks subject matter jurisdiction to grant Plaintiffs claim for injunctive and declaratory relief pursuant to

. See In re Great Lakes Dredge & Dock Co., LLC,

(Sth Cir. 2010). A final judgment will be entered separately. 1/2

SO ORDERED. / /

DA S. MORALES UNITED STATES DISTRICT JUDGE

Dated: Corpus Christt, Texas March 7.2, 2022

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