Valadez v. The Geo Group, Inc.
Valadez v. The Geo Group, Inc.
Trial Court Opinion
UNITED STATES DISTRICT COURT November 08, 2022 Nathan Ochsner, Clerk SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION
JUAN DANIEL VALADEZ, § § Plaintiff, § § VS. § CIVIL ACTION NO. 5:22-CV-16 § THE GEO GROUP, INC. et al., § § Defendants. §
ORDER
The United States Magistrate Judge has issued a Report and Recommendation (the “Report”) (Dkt. No. 10). In the Report, the Magistrate Judge concluded that Plaintiff improperly joined Defendant Noel Navarro (Dkt. No. 10). Because Navarro was improperly joined, the Magistrate Judge recommended that the Court should ignore his citizenship for the purposes of diversity jurisdiction and deny Plaintiff’s motion to remand (id.). No party filed objections within the 14-day objection period. See
28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(2). The parties therefore waived their right to a de novo review of the Report. See
id.Nonetheless, the Court has reviewed the Report and agrees with its ultimate conclusion. See United States v. Raddatz,
447 U.S. 667, 683(1980) (holding the district judge retains discretion to evaluate the uncontested portions and afford them “such weight as their merit commands”); United States v. Smith,
354 F. App’x 99, 101(5th Cir. 2009). The Report is hereby ADOPTED. Plaintiff’s motion to remand (Dkt. No. 4) is DENIED. Because Navarro was improperly joined, the Clerk of Court is DIRECTED to TERMINATE him as a Defendant in this action. Because Navarro is no longer a live Defendant in this case, his pending motion to dismiss (Dkt. No. 7) is DENIED AS MOOT. Itis so ORDERED. SIGNED November 8, 2022.
Marina Garcia Marmolejo United States District Judge
Reference
- Status
- Unknown