Southern District of Texas ENTERED UNITED STATES DISTRICT COURT April 24, 2025 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk VICTORIA DIVISION WENDY RENEE VENGLAR, § Plaintiff, V. § CIVIL ACTION NO. 6:24-CV-00041 LINDA JARMILLIO, : Defendant. ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate Judge Jason Libby’s Memorandum and Recommendation (“M&R”). (D.E. 17). The M&R recommends that the Court grant Defendant’s motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1) and dismiss the case without prejudice. /d. at 2,4. The M&R also recommends that the Court deny Plaintiff's motion to change venue. /d. at 2. The parties were provided proper notice of, and the opportunity to object to, the Magistrate Judge’s M&R. See

(b)(1); FED. R. Civ. P. 72(b); General Order No. 2002-13. No objection has been filed. When no objection has been filed, the district court need only determine whether the M&R is clearly erroneous or contrary to law. United States v. Wilson,

(Sth Cir. 1989) (per curiam). Having reviewed the proposed findings and conclusions of the Magistrate Judge, the parties’ filings, the record, and the applicable law, and finding that the M&R is not clearly erroneous or contrary to law, the Court ADOPTS the M&R in its entirety. (D.E. 17). Accordingly, the Court GRANTS Defendant’s motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1). (D.E. 10). The Court lacks subject matter jurisdiction over this matter and DISMISSES Plaintiff's case without prejudice to refiling in the appropriate court. (D.E. 1). Finally, the Court DENIES as moot Plaintiff's motion to change venue. (D.E. 15).

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The Court will enter a final judgment separately. SO ORDERED. DA RALES UNITED STATES DISTRICT JUDGE Signed: Corpus Christi, Texas April 7472025

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