Reyna Benavides v. The Federal Department of Investigation
Reyna Benavides v. The Federal Department of Investigation
Trial Court Opinion
UNITED STATES DISTRICT COURT January 25, 2024 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk LAREDO DIVISION
MARIA GUADALUPE REYNA § BENAVIDES § § VS. § CIVIL ACTION NO. 5:23-CV-67 § FEDERAL DEPARTMENT OF § INVESTIGATION §
ORDER
Pending before the Court is the United States Magistrate Judge’s Report and Recommendation (the “Report”) (Dkt. No. 26). On December 18, 2023, United States Magistrate Judge Christopher dos Santos ordered Mr. Anastacio R. Barrera, Plaintiff’s “attorney-in-fact” to show cause why the Court should not impose sanctions on him for engaging in the unauthorized practice of law (Dkt. No. 23 at 3). Mr. Barrera filed the Complaint (Dkt. No. 1), pending motion for reconsideration (Dkt. No. 19), and motion to quash (Dkt. No. 21). But Mr. Barrera is not a licensed attorney admitted to practice in the Southern District of Texas, nor did he seek permission from the Court to appear without admission (Dkt. No. 23 at 1–2). Mr. Barrera did not respond to the Magistrate Judge’s show cause order. Accordingly, the Magistrate Judge recommended that the Court order the following: (1) Plaintiff’s motion for reconsideration, (Dkt. No. 19), and motion to quash, (Dkt. No. 21), be stricken from the record; (2) Mr. Barrera be prohibited from giving legal advice or rendering legal services to Plaintiff in connection with this matter; (3) Mr. Barrera be prohibited from preparing or making any filings on behalf of Plaintiff in this case; (4) any further filings by Barrera be stricken from the record; and (5) the Clerk of Court mail copies of this order and all docket entries to the Texas Unauthorized Practice of Law Committee, P.O. Box. 12487, Austin, Texas 78711. (See Dkt. No. 26 at 1-2). No party filed an objection to the Report within the 14-day objection period. See Fed. R. Civ. P. 72(b)(2). The Court thus reviews the Report for clear error. See Fed. R. Civ. P. 72(b); Hack v. Wright,
396 F.Supp.3d 720, 730 (S.D. Tex. 2019). Having reviewed the Report and finding no clear error, the Court hereby ADOPTS the Report (Dkt. No. 26) WHOLE. Accordingly, Plaintiff's motion for reconsideration (Dkt. No. 19), motion to quash (Dkt. No. 21), and any future filings by Mr. Barrera are STRICKEN. Mr. Barrera is PROHIBITED from providing legal advice or services to Plaintiff and preparing or making filings on her behalf. The Clerk of Court is ORDERED to mail copies of this order and all docket entries to the Texas Unauthorized Practice of Law Committee, P.O. Box. 12487, Austin, Texas 78711. It is so ORDERED. SIGNED January 25, 2024.
;: wipe Garcia Marmolejo United States District Judge
Reference
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