Ernesto Alonzo Ramirez v. United States of America

S.D. Texas

Ernesto Alonzo Ramirez v. United States of America

District Court, S.D. Texas·Decided July 7, 2026·No. 5:25-cv-00167·Unknown

Opinion

USNOIUTETHD ESRTNAT DEISS TDRISICTTR IOCFT T CEOXUARST July 07, 2026 LAREDO DIVISION Nathan Ochsner, Clerk

ERNESTO ALONZO RAMIREZ § § VS. § CIVIL ACTION NO. 5:25-cv-167 § UNITED STATES OF AMERICA §

ORDER ADOPTING REPORT AND RECOMMENDATION

The Court referred Plaintiff’s Application to Proceed in District Court Without Prepaying Fees and Costs to United States Magistrate Judge Brian C. Bajew (Dkt. No. 8). Judge Bajew found that Plaintiff offered the Court material discrepancies between his application and his prisoner’s trust fund account (Dkt. No. 22 at 3). Judge Bajew recommended denial of Plaintiff’s application and sua sponte dismissal of this civil action (Dkt. No. 22 at 3). Judge Bajew’s Report and Recommendation was mailed to Plaintiff at this last known address (Dkt. No. 23). The fourteen-day objection period has lapsed; Defendant filed a statement of no objection, and Plaintiff did not object (see Dkt. No. 24). See 28 U.S.C. § 636(b)(1). Pursuant to Federal Rule of Civil Procedure 72(b), the Court reviewed the Report and Recommendation for clear error. CGI Logistics, LLC v. Fast Logistik, No. 5:23-CV- 43, 2023 WL 8313341, at *2 (S.D. Tex. Dec. 1, 2023) (Garcia Marmolejo, J.) (citing United States v. Soto, 734 F. App’x 258, 259 (5th Cir. 2018)); see also Cao v. BSI Fin. Servs., Inc., 858 F. App’x 156, 158 (5th Cir. 2021). Finding none, the Court hereby ADOPTS IN WHOLE Judge Bajew’s Report and Recommendation (Dkt. No. 22). Accordingly, Plaintiff’s Application to Proceed in District Court Without Prepaying Fees and Costs is DENIED (Dkt. No. 6). The Court sua sponte DISMISSES WITHOUT PREJUDICE this civil action pursuant to Nottingham v. Warden, Bill Clements Unit, 837 F.3d 438, 441 (5th Cir. 2016). Defendant’s Motion for Summary Judgment is DENIED AS MOOT (Dkt. No. 2). Plaintiff's Motion for Appointment of Counsel is DENIED AS MOOT (Dkt. No. 11). The Clerk of Court is DIRECTED to TERMINATE this civil action. It is so ORDERED. SIGNED July 7, 2026. : . LK Garcia + ifn United States District Judge

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USNOIUTETHD ESRTNAT DEISS TDRISICTTR IOCFT T CEOXUARST July 07, 2026 LAREDO DIVISION Nathan Ochsner, Clerk

ERNESTO ALONZO RAMIREZ § § VS. § CIVIL ACTION NO. 5:25-cv-167 § UNITED STATES OF AMERICA §

ORDER ADOPTING REPORT AND RECOMMENDATION

The Court referred Plaintiff’s Application to Proceed in District Court Without Prepaying Fees and Costs to United States Magistrate Judge Brian C. Bajew (Dkt. No. 8). Judge Bajew found that Plaintiff offered the Court material discrepancies between his application and his prisoner’s trust fund account (Dkt. No. 22 at 3). Judge Bajew recommended denial of Plaintiff’s application and sua sponte dismissal of this civil action (Dkt. No. 22 at 3). Judge Bajew’s Report and Recommendation was mailed to Plaintiff at this last known address (Dkt. No. 23). The fourteen-day objection period has lapsed; Defendant filed a statement of no objection, and Plaintiff did not object (see Dkt. No. 24). See 28 U.S.C. § 636(b)(1). Pursuant to Federal Rule of Civil Procedure 72(b), the Court reviewed the Report and Recommendation for clear error. CGI Logistics, LLC v. Fast Logistik, No. 5:23-CV- 43, 2023 WL 8313341, at *2 (S.D. Tex. Dec. 1, 2023) (Garcia Marmolejo, J.) (citing United States v. Soto, 734 F. App’x 258, 259 (5th Cir. 2018)); see also Cao v. BSI Fin. Servs., Inc., 858 F. App’x 156, 158 (5th Cir. 2021). Finding none, the Court hereby ADOPTS IN WHOLE Judge Bajew’s Report and Recommendation (Dkt. No. 22). Accordingly, Plaintiff’s Application to Proceed in District Court Without Prepaying Fees and Costs is DENIED (Dkt. No. 6). The Court sua sponte DISMISSES WITHOUT PREJUDICE this civil action pursuant to Nottingham v. Warden, Bill Clements Unit, 837 F.3d 438, 441 (5th Cir. 2016). Defendant’s Motion for Summary Judgment is DENIED AS MOOT (Dkt. No. 2). Plaintiff's Motion for Appointment of Counsel is DENIED AS MOOT (Dkt. No. 11). The Clerk of Court is DIRECTED to TERMINATE this civil action. It is so ORDERED. SIGNED July 7, 2026. : . LK Garcia + ifn United States District Judge

Ernesto Alonzo Ramirez v. United States of America, (S.D. Tex. 2026).

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