Matthew Andrew Garces v. Madison Garcia

District Court, W.D. Texas

Matthew Andrew Garces v. Madison Garcia

Trial Court Opinion

FILED October 09, 2025 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS WESTERN DISTRICT OF TEXAS BY. NM SAN ANTONIO DIVISION TY MATTHEW ANDREW GARCES, § Plaintiff, : v. : NO. SA-25-C V-00686-OLG MADISON GARCIA, : Defendant. : ORDER ADOPTING REPORT AND RECOMMENDATION The Court has considered United States Magistrate Judge Henry J. Bemporad’s Report and Recommendation (R&R), 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. (See R&R, Dkt. No. 15.) A party who wishes to object to a Magistrate Judge’s findings and recommendations must serve and file specific written objections within 14 days. FED. R. Civ. P. 72(b)(2). Plaintiff was electronically served with a copy of the R&R on September 10, 2025, and timely filed objections - the very next day (see Dkt. No. 17). 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) (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 R&R for clear errors and finds none. Accordingly, the Court ADOPTS the Magistrate Judge’s R&R (Dkt. No. 15) 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. Itis so ORDERED.

SIGNED this | day of October 2025.

ORLANDO L. GARCIA United States District Judge

Reference

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