Garces v. Biery
Garces v. Biery
Trial Court Opinion
FILED July 30, 2025 CLERK, U.S. DISTRICT COURT UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS WESTERN DISTRICT OF TEXAS BY. NM SAN ANTONIO DIVISION DEPUTY MATTHEW ANDREW GARCES, § Plaintiff, : v. : CIVIL NO. SA-25-CV-609-OLG FRED BIERY et al., : Defendants. : ORDER The Court has considered United States Magistrate Judge Elizabeth S. Chestney’s Report and Recommendation (the “Report”) (Dkt. No. 27), filed on July 1, 2025. Plaintiff Matthew Andrew Garces filed objections (the “Objections”) (Dkt. No. 33) to the Report. When a party objects to a magistrate judge’s report and recommendation, the district court must conduct a de novo review as to those portions of the report and recommendation to which an objection is made. See
28 U.S.C. § 636(b)(1); FED. R. Civ. P. 72(b); United States v. Wilson,
864 F.2d 1219, 1221(Sth Cir. 1989). Frivolous, conclusory, or general objections need not be considered by the district court. See Battle v. U.S. Parole Comm’n,
834 F.2d 419, 421(Sth Cir. 1987). Any portions of the magistrate judge’s finding or recommendation that were not objected to are reviewed for clear error. Wilson,
864 F.2d at 1221. The Court has conducted a de novo review of those portions of the Report subject to the Objections and is of the opinion that the Report is correct, and that the Objections are without merit as to Judge Chestney’s ultimate findings. Accordingly, the Objections (Dkt. No. 33) are OVERRULED, the Report (Dkt. No. 27) is ACCEPTED and, for the reasons set forth therein, Plaintiff's claims are DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. § 1915¢e). This case is CLOSED.
IT ISSO ORDERED. . oO SIGNED this _/ “% day of July, 2025. Ly ORLANDO L. GARCIA United States District Judge
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