Cantu Vela v. Lumpkin

Opinion

UNITED STATES DISTRICT COURT October 07, 2024 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk MCALLEN DIVISION HORACIO CANTU VELA, § § Plaintiff, § § v. § Civil Action No. 7:24-CV-00149 § BOBBY LUMPKIN § § Defendant. § ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Pending before the Court is the September 12, 2024, Memorandum and Recommendation (“M&R”) prepared by Magistrate Judge Juan F. Alanis. (Dkt. No. 10). Judge Alanis made findings and conclusions regarding Plaintiff’s Petition for Writ of Habeas Corpus, (Dkt. No. 1), and Amended Complaint/Counterclaim/Crossclaim, (Dkt. No. 6), and—based on Vela’s letter stating that Vela does not want to continue with the instant case, (Dkt. No. 9)—recommended that Plaintiff’s action be dismissed without prejudice. The Parties were provided proper notice and the opportunity to object to the M&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). No party filed an objection. As a result, review is straightforward: plain error. Guillory v. PPG Indus., Inc., 434 F.3d 303, 308 (5th Cir. 2005). No plain error appears. Accordingly, the Court accepts the M&R and adopts it as the opinion of the Court. It is therefore ordered that: (1) Judge Alanis’s M&R, (Dkt. No. 10), is ACCEPTED and ADOPTED in its entirety as the holding of the Court; and (2) This action filed by Petitioner Horacio Cantu Vela is DISMISSED WITHOUT PREJUDICE. It is SO ORDERED. Signed on October 7, 2024.

DREW B. TIPTON UNITED STATES DISTRICT JUDGE