Villarreal v. Willacy County Sheriff's Department
Villarreal v. Willacy County Sheriff's Department
Trial Court Opinion
□ Southern District of Texas ENTERED UNITED STATES DISTRICT COURT February 05, 2025 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk BROWNSVILLE DIVISION KEVIN VILLARREAL, § “Plaintiff,” § § v. § § Civil Action No. 1:24-cv-00057 WILLACY COUNTY, § “Defendant.” § § ORDER Before the Court is the “Magistrate Judge’s Report and Recommendation” (Dkt. No. 26) (“R&R”), The R&R recommends that the Court (1) dismiss without prejudice Plaintiff's claims as moot; and (2) direct the Clerk of Court to close this case. Objections to the R&R were due January 17, 2025. 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. 26) is ADOPTED. In accordance with Fed. R. Civ. P. 12(b)(1), Plaintiff's claims against Defendant are DISMISSED without prejudice.' The Clerk of the Court is ORDERED to close this case.
Signed on this S day of , 2025.
Hofiorable Roland? Olvera United States Digfrict Judge
' A claim for declaratory and injunctive relief based on conditions of confinement is rendered moot upon the prisoner's release or transfer from the facility. Herman v. Holiday,
238 F.3d 660, 665(5th Cir. 2001).
Reference
- Status
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