UNITED STATES DISTRICT COURT February 15, 2024 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk MCALLEN DIVISION

ABEL GARCIA-PEREZ § A-1076-22, § § Plaintiff, § § VS. § CIVIL ACTION NO. 7:22-CV-00130 § J.E. EDDIE GUERRA, et al., § § Defendants. § §

ORDER

Pending before the Court is Plaintiff Abel Garcia-Perez’ civil rights action,1 which had been referred to the Magistrate Court for a report and recommendation. On January 17, 2024, the Magistrate Court issued the Report and Recommendation, recommending that Plaintiff’s complaint be dismissed with prejudice pursuant to 28 U.S.C. §§ 1915A(b) and 1915(e)(2)(B) for failure to state a claim on which relief may be granted.2 The time for filing objections has passed and no objections have been filed. Pursuant to Federal Rule of Civil Procedure 72(b), the Court has reviewed the Report and Recommendation for clear error.3 Finding no clear error, the Court adopts the Report and Recommendation in its entirety. Accordingly, Plaintiff’s civil rights action is DISMISSED with

1 Dkt. No. 1. 2 Dkt. No. 24. 3 As noted by the Fifth Circuit, “[t]he advisory committee’s note to Rule 72(b) states that, ‘[w]hen no timely objection is filed, the [district] court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.’” Douglas v. United States Servs. Auto. Ass’n,

(5th Cir. 1996) (quoting Fed. R. Civ. P. 72(b) advisory committee’s note (1983)) superseded by statute on other grounds by

(b)(1), as stated in ACS Recovery Servs., Inc. v. Griffin, No. 11-40446,

, at *7 n. 5 (5th Cir. April 2, 2012). prejudice pursuant to 28 U.S.C. $$ 1915A(b) and 1915(e)(2)(B) for failure to state a claim on which relief may be granted, and this case is CLOSED. IT IS SO ORDERED. DONE at McAllen, Texas, this 15th day of February 2024. VW Wows Micaela Alv Senior United States District Judge

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