Chay Jr v. Montiel

Opinion

UNITED STATES DISTRICT COURT September 15, 2025 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk MCALLEN DIVISION EAZ CHAY, JR., § § Plaintiff, § § v. § Civil Action No. 7:23-CV-00206 § JOSE A. MONTIEL; § EDGAR HERNANDEZ; § CITY OF PHARR POLICE § DEPARTMENT; § HIDALGO COUNTY, TEXAS; AND § UTB/TSC, § § § Defendants. § ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Pending before the Court is the August 5, 2025, Memorandum and Recommendation (“M&R”) prepared by Magistrate Judge Nadia S. Medrano. (Dkt. No. 113). Judge Medrano made findings and conclusions and recommended that Defendants’ Motions for Summary Judgment, (Dkt. Nos. 72, 73, 74), be denied, (Dkt. No. 113). 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 Medrano’s M&R, (Dkt. No. 113), is ACCEPTED and ADOPTED in its entirety as the holding of the Court; and (2) Defendants’ Motions for Summary Judgment, (Dkt. Nos. 72, 73, 74), are DENIED. It is SO ORDERED. Signed on September 12, 2025.

DREW B. TIPTON UNITED STATES DISTRICT JUDGE