UNITED STATES DISTRICT COURT May 06, 2024 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk MCALLEN DIVISION

HORACIO CANTU VELA, § § Plaintiff, § § VS. § Civil Case No. 7:23-CV-00366 § MISSION TEXAS, POLICE § DEPARTMENT, DETECTIVE § MARTINEZ and DETECTIVE § GONZALEZ, § § Defendants. §

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Pending before the Court is the April 19, 2024 Report and Recommendation (“R&R”) prepared by Magistrate Judge J. Scott Hacker. (Dkt. No. 13). Magistrate Judge Hacker made findings and conclusions and recommended that Cantu Vela’s Prisoner’s Civil Rights Complaint, (Dkt. No. 1), be dismissed for failure to state a claim because the claims were not filed within the applicable statute of limitations. (Dkt. No. 13). The Parties were provided proper notice and the opportunity to object to the R&R. See

(b)(1); Fed. R. Civ. P. 72(b). No party filed an objection. As a result, review is straightforward: plain error. Guillory v. PPG Indus., Inc.,

(5th Cir. 2005). No plain error appears. Accordingly, the Court accepts the R&R and adopts it as the opinion of the Court. It is therefore ordered that: (1) Magistrate Judge Hacker’s R&R, (Dkt. No. 13), is ACCEPTED and ADOPTED in its entirety as the holding of the Court; and (2) Cantu Vela’s Prisoner’s Civil Rights Complaint, (Dkt. No. 1), is DISMISSED with prejudice. It is SO ORDERED. Signed on May 6, 2024.

DREW B. TIPTON UNITED STATES DISTRICT JUDGE