Benavides v. Harlingen Police Department

District Court, S.D. Texas

Benavides v. Harlingen Police Department

Trial Court Opinion

Southern District of Texas ENTERED UNITED STATES DISTRICT COURT May 22, 2025 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk BROWNSVILLE DIVISION JOHN RAY BENAVIDES, § Plaintiff, § v. Civil Action No. 1:24-cv-00179 HARLINGEN POLICE DEPARTMENT AND STEVEN BENITEZ, § Defendants. § ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Before the Court is the Magistrate Judge’s “Report and Recommendation to Grant Sua Sponte Dismissal” (Dkt. No. 25) (“R&R”). The R&R recommends that the Court (1) dismiss Plaintiff's “Prisoners Civil Rights Complaint” (Dkt. No. 1) (“Complaint”) and “Complaint for Violation of Civil Rights” (Dkt. No. 18) (“Amended Complaint”) sua sponte for failure to state a claim; and (2) dismiss Plaintiff's pending motions (Dkt. Nos. 13, 14 & 17) as moot. Dkt. No. 25. Objections to the R&R were due May 12, 2025. No objections were filed. If there have been no objections to the magistrate’s ruling, the Court reviews the magistrate judge’s conclusions for clear error. See Guillory v. PPG Indus.,

434 F.3d 303, 308

(5th Cir. 2005). Finding no clear error, abuse of discretion, or finding contrary to law, the R&R (Dkt. No. 25) is ADOPTED. Plaintiff's Complaint (Dkt. No. 1) and Amended Complaint (Dkt. No. 18) are DISMISSED without prejudice. Plaintiffs pending motions (Dkt. Nos. 13, 14, & 17) are DISMISSED as moot. The Clerk of the Court is hereby ORDERED to close this case. Signed on this Yow day of () On , 2025. ak Olvera , nited States District Judge

Reference

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