Palacios v. TX Department of Family and Protective Services
Palacios v. TX Department of Family and Protective Services
Trial Court Opinion
UNITED STATES DISTRICT COURT August 13, 2025 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION
EMELINDA R PALACIOS, § § Plaintiff, § § VS. § CIVIL ACTION NO. 2:24-CV-00223 § TX DEPARTMENT OF FAMILY AND § PROTECTIVE SERVICES, § § Defendant. §
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
On July 11, 2025, United States Magistrate Judge Julie K. Hampton issued her “Memorandum and Recommendation” (D.E. 27), recommending that this action be dismissed without prejudice for want of jurisdiction due to sovereign immunity. The parties were provided proper notice of, and opportunity to object to, the Magistrate Judge’s memorandum and recommendation. Fed. R. Civ. P. 72(b);
28 U.S.C. § 636(b)(1); General Order No. 2002-13. No objections have been timely filed. When no timely objection to a magistrate judge’s memorandum and recommendation is filed, the district court need only satisfy itself that there is no clear error on the face of the record and accept the magistrate judge’s memorandum and recommendation. Guillory v. PPG Indus., Inc.,
434 F.3d 303, 308(5th Cir. 2005) (citing Douglass v. United Servs. Auto Ass’n,
79 F.3d 1415, 1420(5th Cir. 1996)). Having reviewed the findings of fact and conclusions of law set forth in the Magistrate Judge’s memorandum and recommendation (D.E. 27), and all other relevant documents in the record, and finding no clear error, the Court ADOPTS as its own the findings and conclusions of the Magistrate Judge. Accordingly, Defendant DFPS’s motion to dismiss (D.E. 22) is GRANTED and this action is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction. ORDERED on August 13, 2025. □□□ GONZALES RAMOS UNITED STATES DISTRICT JUDGE
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Reference
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