Garcia v. Bexar Co. TX
Garcia v. Bexar Co. TX
Trial Court Opinion
FILED January 07, 2025 UNITED STATES DISTRICT COURT CLERK, U.S. DISTRICT COURT WESTERN DISTRICT OF TEXAS WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION BY: NM DEPUTY LOUIE GARCIA, § § Plaintiff, § § v. § § CIVIL NO. SA-23-CV-00996-OLG BEXAR CO. TX, JAVIER SALAZAR, § FERMIN GUZMAN, ALEXANDER § URIEGAS, and INFORMANT ISSAC § GARZA, § § Defendants. § ORDER ADOPTING REPORT AND RECOMMENDATION The Court has considered United States Magistrate Judge Elizabeth S. Chestney’s Report and Recommendation (R&R), filed December 9, 2024, concerning the Motion to Dismiss Plaintiff’s First Amended Complaint (Dkt. No. 29) filed by Defendants Bexar County, Javier Salazar, Alex Uriegas, and Fermin Guzman. (See R&R, Dkt. No. 38.) Any party who desires to object to a Magistrate Judge’s findings and recommendations must serve and file specific written objections within fourteen days after being served with a copy of the findings and recommendations. FED. R. Civ. P. 72(b)(2). The parties through counsel, were electronically served with a copy of the R&R on December 9, 2024, and the time to object has passed. Because no party has objected to the Magistrate Judge’s findings or recommendations, the Court reviews the R&R for clear error. See United States v. Wilson,
864 F.2d 1219, 1221(Sth Cir. 1989); cf
28 U.S.C. § 636(b)(1) (“A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which an objection is made.”) After such review, the Court finds that the R&R is neither clearly erroneous nor contrary to law.
Accordingly, the Court ADOPTS the Magistrate Judge’s R&R (Dkt. No. 38) and, for the reasons set forth therein: 1. Defendants’ Motion to Dismiss (Dkt. No. 29) is GRANTED; 2, Plaintiff's claims against Defendants Bexar County, Javier Salazar, Alex Uriegas, and Fermin Guzman are DISMISSED: and 3. Plaintiff's claims against Defendant Issac Garza are DISMISSED WITHOUT PREJUDICE for failure to timely serve, failure to prosecute, and failure to comply with a court order. See FED. R. Civ. P. 4(m); FED. R. Civ. P. 41(b). This case is CLOSED. It isso ORDERED.
SIGNED this ‘\ day of January, 2025. San ys ye ORLANDO L.GARCIA. United States District Judge
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