Vigil v. Trevino

District Court, W.D. Texas

Vigil v. Trevino

Trial Court Opinion

FILED April 25, 2025 UNITED STATES DISTRICT COURT one. 5 DISTRICT COURT WESTERN DISTRICT OF TEXAS WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION BY: NM THEODORE JOSEPH VIGIL, § Depa § Plaintiff, § § v. § § NO. SA-24-CV-01194-OLG JUDGE MARIO TREVINO, HILL § COUNTRY POLICE DEPARTMENT, § TEXAS ATTORNEY GENERAL KEN § PAXTON, MARC SCHNALL, § § Defendants. § ORDER ADOPTING REPORT AND RECOMMENDATION The Court has considered United States Magistrate Judge Henry J. Bemporad’s Report and Recommendation (R&R), filed February 24, 2025, concerning Plaintiff’s complaint. (See R&R, Dkt. No. 6.) A party who wishes to object to a Magistrate Judge’s findings and recommendations must serve and file specific written objections within fourteen days. FED. R. Civ. P. 72(b)(2). A copy of the R&R was mailed via certified mail on February 24, 2025 (see Dkt. No. 7) and received on March 5, 2025 (see Dkt. No. 12). Plaintiff timely filed objections on March 10, 2025 (see Dkt. No. 9). When a party objects to an R&R, the Court must make a de novo determination as to “any part of the magistrate judge’s disposition that has been properly objected to.” FED. R. Clv. P. 72(b)(3); see United States. v. Wilson,

864 F.2d 1219, 1221

(Sth Cir. 1989), cert. denied,

492 U.S. 918

(1989). Objections must be specific; frivolous, conclusory, or general objections need not be considered by the district court. Battle v. U.S. Parole Comm’n,

834 F.2d 419, 421

(Sth Cir. 1987) (quoting Netiles v. Wainwright,

677 F.2d 404

, 410 n.8 (Sth Cir. 1982), overruled on other grounds by Douglass v, U.S, Auto. Ass'n,

79 F.3d 1415

(5th Cir. 1996)). Any portions of the

Magistrate Judge’s findings or recommendations that were not objected to are reviewed for clear error. Wilson,

864 F.2d at 1221

. The Court has reviewed this matter de novo and finds that the R&R is correct and should be accepted. Accordingly, the Court ADOPTS the Magistrate Judge’s R&R (Dkt. No. 6) and, for the reasons set forth therein, Plaintiff's complaint is DISMISSED WITH PREJUDICE until the Heck conditions barring his claims have been met. This case is CLOSED. It isso ORDERED.

ORLANDO L. GARCIA United States District Judge

Reference

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