UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

LAUREN B. PEÑA, § INDIVIDUALLY AND AS NEXT § FRIEND TO HER MINOR § CHILDREN, and on behalf of § others similarly situated, § Plaintiffs, § § v. § 1: 25-CV-01067-ADA-DH § THE CITY OF AUSTIN, ET AL, § Defendants. § § §

ORDER Before the Court is the report and recommendation of United States Magistrate Judge Dustin M. Howell. Dkt. 5. The report and recommendation examined Plaintiffs’ claims and recommended the undersigned DISMISS WITH PREJUDICE Peña’s cause of action against Defendants with prejudice pursuant to

(e)(2)(B) and DISMISS Peña’s remaining pending motions as MOOT. Judge Howell issued the report and recommendation on September 11, 2025. As of the date of this order, no party has filed objections to the report and recommendation. A party may file specific, written objections to a magistrate judge’s proposed findings and recommendations within fourteen days after being served with a copy of the report and recommendation, thereby securing de novo review by the district court.

(b)(1). When no objections are timely filed, the Court reviews the magistrate judge’s report and recommendation for clear error. See United States v. Wilson,

(5th Cir. 1989). Because the parties have not filed timely objections, the Court has reviewed Judge Howell’s report and recommendation for clear error. Having found no such error, the Court finds that the report and recommendation should be adopted. Accordingly, the Report and Recommendation of the United States Magistrate Judge (Dkt. 5) is ADOPTED. Plaintiffs’ cause of action is DISMISSED WITH PREJUDICE pursuant to

(e)(2)(B) and Pefia’s remaining pending motions are DISMISSED AS MOOT. Accordingly, the Clerk’s Office is directed to CLOSE this case. SIGNED on October 28, 2025.

ALAN D ALBRIGHT UNITED STATES DISTRICT JUDGE