Southern District of Texas ENTERED UNITED STATES DISTRICT COURT October 19, 2023 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk BROWNSVILLE DIVISION JOSE ROCHA, JR., § Plaintiff, § Vv. ; Civil Action No. 1:23-cv-00109 ENRIQUE DE LA GARZA (DECEASED) ; INSURED (LIFE INSURANCE), et al., § Defendants. § ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Before the Court is pro se Plaintiffs “Complaint” (Dkt. No. 1) and the “Magistrate Judge’s Report and Recommendation” (“R&R”) (Dkt. No. 5). The R&R recommended the Court: (1) dismiss without prejudice Plaintiff's Complaint (Dkt. No. 1) for lack of jurisdiction; and (2) direct the Clerk of Court to close this case. No objections were filed by either party. When no objections are filed to a magistrate judge’s ruling, the district court applies the “clearly erroneous, abuse of discretion and contrary to law” standard of review. United States v. Wilson,

(Sth Cir. 1989). Finding no clear error, abuse of discretion, or finding contrary to law, the R&R is ADOPTED. Before the Court is also a “Motion for Extension” (“Motion”) (Dkt. No. 8) filed by Plaintiff requesting, among other things, that the Court provide him with the correct forms and instructions to refile his complaint. Because the Court adopts the R&R and finds it lacks subject matter jurisdiction (See

, 1332) over Plaintiff's claims, his Motion (Dkt. No. 8) is DENIED AS MOOT, Accordingly, Plaintiffs claims against Defendants are DISMISSED without prejudice. The Clerk of the Court is ORDERED to close this case.

Signed on this | ae day of ( \c bol. ei , 2023.

United States District Jydge