Garces v. Garland

District Court, W.D. Texas

Garces v. Garland

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION MATTHEW ANDREW GARCES, § § Plaintiff, § § v. § CIVIL ACTION NO. SA-25-CV-128-FB § MERRICK GARLAND, ET AL., § § Defendants. § ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE Before the Court are the Report and Recommendation of United States Magistrate Judge (docket no. 9) recommending this case be dismissed pursuant to

28 U.S.C. § 1915

(e), along with Plaintiff’s written objections (docket no. 11) thereto. Where no party has objected to a Magistrate Judge's Report and Recommendation, the Court need not conduct a de novo review of the Report and Recommendation. See

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 and recommendations to which objection is made."). In such cases, the Court need only review the Report and Recommendation and determine whether it is clearly erroneous or contrary to law. United States v. Wilson,

864 F.2d 1219, 1221

(5th Cir.), cert. denied,

492 U.S. 918

(1989). On the other hand, any Report and Recommendation to which objection is made requires de novo review by the Court. Such a review means that the Court will examine the entire record, and will make an independent assessment of the law. The Court need not, however, conduct a de novo review when the objections are frivolous, conclusive, or general in nature. Battle v. United States Parole Comm'n,

834 F.2d 419, 421

(5th Cir. 1987). The Court has thoroughly analyzed Plaintiff’s submission in light of the entire record. As record in this cause and has conducted a de novo review with respect to those matters raised by the objections. After due consideration, the Court concludes the objections lack merit. IT IS THEREFORE ORDERED that the Report and Recommendation of United States Magistrate Judge (docket no. 9) is ACCEPTED pursuant to

28 U.S.C. § 636

(b)(1) such that this case is DISMISSED pursuant to

28 U.S.C. § 1915

(e) for failure to state any plausible claim for relief. IT IS FURTHER ORDERED that motions pending with the Court, if any, are Dismissed as Moot and this case is CLOSED. It is so ORDERED. SIGNED this 29th day of April, 2025.

Feet CF

D BIERY UNITED STATES DISTRICT JUDGE

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Reference

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