Garces v. Tenet Health

FILED August 07, 2025 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS TOA NM DEPUTY MATTHEW ANDREW GARCES, § Plaintiff, : v. : NO. SA-25-CV-00636-OLG TENET HEALTH ef al., : Defendants. : ORDER ADOPTING REPORT AND RECOMMENDATION The Court has considered United States Magistrate Judge Elizabeth S. Chestney’s Report and Recommendation (R&R), filed July 18, 2025, concerning this case. (See R&R, Dkt. No. 11.)

Plaintiff’s objections to the R&R were filed the same day. (See Dkt. No. 14.)

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, 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 Nettles 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)). Nevertheless, the Court has conducted a de novo review and finds that the R&R is in all things correct and that Plaintiffs objections should be and hereby are OVERRULED.

The Court therefore ADOPTS Judge Chestney’s R&R (Dkt. No. 11) and, for the reasons set forth therein, Plaintiff’s claims are DISMISSED WITHOUT PREJUDICE for failure to prosecute. See FED. R. Civ. P. 41(b).

This case is CLOSED.

Itisso ORDERED.

SIGNED this \ day of August 2025. Own hs \ ORLANDO L. GARCIA United States District Judge