Garza v. Weslaco Police Department

• Court: District Court, S.D. Texas
• Decided: November 1, 2022
• Docket: 7:22-cv-00257
• Status: Unknown

Opinion

□ Southern District of Texas ENTERED UNITED STATES DISTRICT COURT November 01, 2022 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk MCALLEN DIVISION EFRAIN GARZA, § § Plaintiff, § § VS. § CIVIL ACTION NO. 7:22-CV-0257 § WESLACO POLICE DEPARTMENT, § et al., § § Defendants. § ORDER ADOPTING REPORT AND RECOMMENDATION Before the Court is Plaintiff EFRAIN GARZA’s civil rights action pursuant to 42 U.S.C. § 1983, which had been referred to the Magistrate Court for a report and recommendation. On October 6, 2022, the Magistrate Court issued the Report and Recommendation, recommending that Plaintiff's Motion for Voluntary Dismissal be GRANTED and that this case be dismissed without prejudice. The time for filing objections has passed and no objections have been filed. Pursuant to Federal Rule of Civil Procedure 72(b), the Court has reviewed the Report and Recommendation for clear error.! Finding no clear error, the Court adopts the Report and Recommendation in its entirety. Accordingly, Plaintiff's Motion for Voluntary Dismissal is GRANTED, and Plaintiffs civil rights action is DISMISSED without prejudice. IT IS SO ORDERED. DONE at McAllen, Texas, this 1st day of November 2022. WW Jove — Micaela Alv United States District Judge

' As noted by the Fifth Circuit, “[t]he advisory committee’s note to Rule 72(b) states that, ‘[w]hen no timely objection is filed, the [district] court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.’ ” Douglas v. United States Service Auto. Ass’n, 79 F.3d 145, 1420 (Sth Cir. 1996) (quoting Fed. R. Civ. P. 72(b) advisory committee’s note (1983)) superseded by statute on other grounds by 28 U.S.C. § 636(b)(1), as stated in ACS Recovery Servs., Inc. v. Griffin, No. 11-40446, 2012 WL 1071216, at *7 n. 5 (Sth Cir. April 2, 2012).