Theresa Salazar v. Bexar County
Theresa Salazar v. Bexar County
Trial Court Opinion
FILED January 07, 2025 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION py: NM DEPUTY THERESA SALAZAR, as § representative of The Estate of Rexina § Linan-Juarez, § § Plaintiff, § § v. § CIVIL NO. SA-22-CV-01223-OLG § BEXAR COUNTY, JAVIER § SALAZAR, Sheriff Bexar County, § Texas, and FERMIN GUZMAN, § Deputy, Bexar County Sheriff’s Office, § § 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 Defendants’ Motion to Dismiss Plaintiff’s First Amended Complaint (Dkt. No. 33). (See R&R, Dkt. No. 39.) 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. 39) and, for the reasons set forth therein, Defendants’ Motion to Dismiss (Dkt. No. 33) is GRANTED and Plaintiff's claims in this case are DISMISSED. This case is CLOSED. It isso ORDERED.
SIGNED this day of January, 2025. ORLANDO L. GARCIA United States District Judge
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