Loera v. Kingsville Independent School District

Opinion

UNITED STATES DISTRICT COURT December 21, 2023 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION

ROBERT M. LOERA, § § Plaintiff, § § VS. § CIVIL ACTION NO. 2:21-CV-00031 § KINGSVILLE INDEPENDENT SCHOOL § DISTRICT, et al., § § Defendants. §

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION

Pending before the Court is Plaintiff’s Motion to Dismiss (D.E. 89). On December 4, 2023, United States Magistrate Judge Jason B. Libby issued a Memorandum and Recommendation (M&R, D.E. 90), recommending that Plaintiff’s motion be granted and that Plaintiff’s claims against Defendants Gabriel Xavier Villarreal and Israel Villarreal be dismissed. The parties were provided proper notice of, and opportunity to object to, the Magistrate Judge’s memorandum and recommendation. Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1); General Order No. 2002-13. No objections have been timely filed. When no timely objection to a magistrate judge’s memorandum and recommendation is filed, the district court need only satisfy itself that there is no clear error on the face of the record and accept the magistrate judge’s memorandum and recommendation. Guillory v. PPG Indus., Inc., 434 F.3d 303, 308 (5th Cir. 2005) (citing Douglass v. United Servs. Auto Ass’n, 79 F.3d 1415, 1420 (5th Cir. 1996)). 1 / 2 Having reviewed the findings of fact and conclusions of law set forth in the Magistrate Judge’s memorandum and recommendation (D.E. 90), and all other relevant documents in the record, and finding no clear error, the Court ADOPTS as its own the findings and conclusions of the Magistrate Judge. Accordingly, Plaintiff's motion to dismiss his claims against Defendants Gabriel Xavier Villarreal and Israel Villarreal (D.E. 89) is GRANTED and Plaintiff's claims against these defendants are DISMISSED WITHOUT PREJUDICE. Plaintiff's claims against Defendant KISD remain pending. ORDERED on December 21, 2023.

UNITED STATES DISTRICT JUDGE

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