Villarreal v. Willacy County Sheriff's Department

Southern District of Texas ENTERED UNITED STATES DISTRICT COURT August 19, 2024 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk BROWNSVILLE DIVISION KEVIN VILLARREAL, § Plaintiff, § v. ; Civil Action No. 1:24-cv-00057 WILLACY COUNTY SHERIFF’S : DEPARTMENT, § Defendant. § ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Before the Court is the “Magistrate Judge’s Report and Recommendation” (Dkt. No. 11) (“R&R”). The R&R recommends that the Court (1) grant Defendant’s Motion to Strike (Dkt. No. 7); (2) grant Plaintiff's Motion for Leave to file his amended complaint (Dkt. No. 8); (3) order the Clerk of Court to docket Plaintiff's First Amended Complaint (Dkt. No. 8-1) as a new entry; and (4) grant Defendant’s Motion to Dismiss (Dkt. No. 4). Dkt. No. 11.

Objections to the R&R were due August 2, 2024. No objections were filed. If there have been no objections to the magistrate’s ruling, the appropriate standard of review is “clearly erroneous, abuse of discretion and contrary to law.” United States v. Wilson, 864 F.2d 1219, 1221 (Sth Cir. 1989).

Finding no clear error, abuse of discretion, or finding contrary to law, the R&R (Dkt. No. 11) is ADOPTED. Defendant’s Motion to Strike (Dkt. No. 7) is GRANTED. Plaintiff's Motion for Leave to file his amended complaint (Dkt. No. 8) is GRANTED. The Clerk of the Court is ORDERED to docket Plaintiffs First Amended Complaint (Dkt. No. 8-1) as a new entry.

Defendant’s Motion to Dismiss (Dkt. No. 4) is GRANTED as to Defendant Willacy County Sheriff's Department. The only remaining defendant is Defendant Willacy County.

Signed on this oye. day of A. AQ ws , 2024, QLzEe ae, Rolaxdo Olvera United States Pistrict Judge