Camacho v. Duarte Torres

Southern District of Texas ENTERED June 01, 2023 UNITED STATES DISTRICT COURT Nathan Ochsner, Clerk SOUTHERN DISTRICT OF TEXAS BROWNSVILLE DIVISION JOSE CAMACHO, § “Plaintiff,” § Vv. : Civil Action No. 1:21-ev-00146 HEBER DUARTE TORRES, et al..., : “Defendants.” § ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Before the Court is the “Magistrate Judge’s Report and Recommendation” CR&R”) (Dkt.

No. 200). The R&R recommends this Court (1) grant Defendant Fidelity Brokerage Services, LLC’s (“Defendant Fidelity”) “Motion to Dismiss Under Rule 12(b)(1) or 12(b)(3), and In the Alternative, Motion to Dismiss Under Rule 12(b)(6)” (“MTD”) (Dkt. No. 62); (2) dismiss Plaintiff's claims against Defendant Fidelity with prejudice; and (3) direct the Clerk of the Court to remove Defendant Fidelity, Dkt. No. 200. -Objections were due May 10, 2023. No objections were filed by either party. If there have been no objections to the magistrate’s ruling, then the appropriate standard of review is “clearly erroneous, abuse of discretion and contrary to law.” United States v. Wilson, 864 F.2d 1219, 1221 (Sth Cir, 1989). Finding no clear error, abuse of discretion, or finding contrary to law, the R&R (Dkt. No. 200) is ADOPTED.

Defendant Fidelity’s MTD (Dkt. No. 62) is GRANTED, Plaintiff's claims against Defendant Fidelity are DISMISSED with prejudice. The Clerk of the Court is ORDERED to remove Defendant Fidelity from this case.

Signed on this * day of AN LA OR , 2023. rayh United States District Judge