Medical Power of Attorney, Matthew Andrew Garces, for Miguel Contreras, Jr. v....

District Court, W.D. Texas

Medical Power of Attorney, Matthew Andrew Garces, for Miguel Contreras, Jr. v....

Trial Court Opinion

FILED October 10, 2025 UNITED STATES DISTRICT COURT DISIRICL □□ TEXAS WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION BY: NM DEPUTY MEDICAL POWER OF ATTORNEY, § MATTHEW ANDREW GARCES, FOR’ § MIGUEL CONTRERAS, JR., § § Plaintiff, § CIVIL NO. SA-25-CV-580-OLG § § UNIVERSITY HOSPITAL et al., § § Defendants. § ORDER The Court has considered United States Magistrate Judge Henry J. Bemporad’s Report and Recommendation (the “Report”) (Dkt. No. 21), filed September 10, 2025, concerning the status of this case in which prolific pro se Plaintiff Matthew Andrew Garces has requested permission to proceed in forma pauperis. A party who wishes to object to a Magistrate Judge’s findings and recommendations must serve and file specific written objections within 14 days. Feb. R. Civ. P. 72(b)(2). Plaintiff was electronically served with a copy of the Report on September 10, 2025, and timely filed objections that same day. See Dkt. No. 23. When a party objects to a report and recommendation, 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

(5th 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) (emphasis added) (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

(Sth Cir.

1996)). Any portions of the Magistrate Judge’s findings or recommendations that were not objected to are reviewed for clear error. Wilson,

864 F.2d at 1221

. The Court has reviewed the Report for clear errors and finds none. Accordingly, the Court ADOPTS the Report (Dkt. No. 21) and, for the reasons set forth therein, this case is DISMISSED WITHOUT PREJUDICE to refiling, should Plaintiff obtain prior permission from the Court to do so. This case is CLOSED, and all pending motions are DISMISSED AS MOOT. It is so ORDERED. SIGNED this | O day of October 2025. Ovan, ORLANDO L. GARCIA □□□ United States District Judge

Reference

Full Case Name
Medical Power of Attorney, Matthew Andrew Garces, for Miguel Contreras, Jr. v. University Hospital et al.
Status
Unknown