FILED July 29, 2025 UNITED STATES DISTRICT COURT CLERK, U.S. DISTRICT COURT WESTERN DISTRICT OF TEXAS WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION BY: NM DEPUTY AMY PENTKOWSKI, MARK § PENTKOWSKI, and ANNETTE § BLEECH, AS HEIRS, AND AS § REPRESENTATIVES OF THE § ESTATE OF DANIEL § PENTKOWSKI, DECEASED, § § NO. SA-24-CV-01454-OLG Plaintiffs, § § v. § § THE CITY OF SAN ANTONIO, § TEXAS and BEXAR COUNTY, § TEXAS, § § Defendants. § ORDER ADOPTING REPORT AND RECOMMENDATION The Court has considered United States Magistrate Judge Elizabeth S. Chestney’s Report and Recommendation (R&R), filed May 16, 2025, concerning the Motions to Dismiss filed by Defendants Bexar County (Dkt. No. 9) and the City of San Antonio (Dkt. No. 10). (See R&R, Dkt. No. 27.) A party who wishes to object to a Magistrate Judge’s findings and recommendations must serve and file specific written objections within 14 days. Fep. R. Civ. P. 72(b)(2). Defendants, through counsel, were electronically served with a copy of the R&R on May 19, 2025, and Bexar County timely filed its objections on May 30, 2025 (see Dkt. No. 28). Plaintiff responded to Bexar County’s objections on June 13, 2025 (see Dkt. No. 29). 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. Civ. P. 72(b)(3); see United States. v. Wilson,

(Sth Cir. 1989), cert. denied,

(1989). The Court has reviewed the portions of the R&R to which Bexar County has

objected de novo and finds that the Magistrate Judge correctly applied the relevant law to the facts. The Court has reviewed the remainder of the R&R for clear errors and finds none. See Wilson,

(explaining that any portions of an R&R that are not objected to are reviewed for clear error). Accordingly, the Court ADOPTS Judge Chestney’s R&R (Dkt. No. 27) and, for the reasons set forth therein, Defendant Bexar County’s Motion to Dismiss (Dkt. No. 9) and Defendant City of San Antonio’s Motion to Dismiss (Dkt. No. 10) are DENIED. It isso ORDERED.

SIGNED this / | day of July 2025. acty \ ~

ORLANDO L. GARCIA United States District Judge