Regalado v. Hidalgo County

District Court, S.D. Texas

Regalado v. Hidalgo County

Trial Court Opinion

UNITED STATES DISTRICT COURT August 12, 2024 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk MCALLEN DIVISION ROGELIO REGALADO § § Plaintiff, § § v. § Civil Action No. 7:23-CV-00290 § HIDALGO COUNTY, J.E. EDDIE § GUERRA, LAURA HINOJOSA, and § YVETTE VIDAURRI, § § Defendants. § ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Pending before the Court is the July 24, 2024 Report and Recommendation (“R&R”) prepared by Magistrate Judge Juan F. Alanis. (Dkt. No. 21). Magistrate Judge Alanis made findings and conclusions and recommended that Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs, (Dkt. No. 19), be denied and that Plaintiff’s Notice of Appeal, (Dkt. No. 17), be certified as not taken in good faith. (Dkt. No. 21 at 1, 6). The Parties were provided proper notice and the opportunity to object to the R&R. See

28 U.S.C. § 636

(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.,

434 F.3d 303, 308

(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 Alanis’s R&R (Dkt. No. 21) is ACCEPTED and ADOPTED in its entirety as the holding of the Court; (2) Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs, (Dkt. No. 19), is DENIED; and (3) Plaintiff’s Appeal, (Dkt. No. 17), is CERTIFIED as not taken in good faith. It is SO ORDERED. Signed on August 10, 2024.

DREW B. TIPTON UNITED STATES DISTRICT JUDGE

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