Ortiz-Sanchez v. Steidel-Figueroa

• Court: District Court, D. Puerto Rico
• Decided: October 12, 2023
• Docket: 3:21-cv-01433
• Status: Unknown

Opinion

THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO

MARITZA ORTIZ-SANCHEZ, et al., Plaintiffs,

v. Civ. No. 21-01433 (MAJ)

SIGFRIDO STEIDEL-FIGUEROA, et al.,

Defendants.

OPINION AND ORDER Before the Court is a Report and Recommendation ("R & R") issued by Magistrate Judge Bruce J. McGiverin, (ECF No. 86) recommending the Court grant Defendants’ Motions to Dismiss. (ECF Nos. 32, 41, 42). The R & R was issued on September 26, 2023, and objections were due by October 11, 2023. No objections have been filed. After reviewing the R & R, and all the pleadings on the record, the Court finds the R & R well-reasoned, grounded in fact and law, and free of “plain error.” See M. v. Falmouth School Department, 847 F.3d 19, 25 (1st Cir. 2017) (“Absent objection ... a district court has a right to assume that the affected party agrees to the magistrate's recommendation.”) (cleaned up); Nogueras-Cartagena v. United States, 172 F.Supp.2d 296, 305 (D.P.R. 2001) (“Court reviews [unopposed] Magistrate's Report and Recommendation to ascertain whether or not the Magistrate's recommendation was clearly erroneous.”). Accordingly, the Court ACCEPTS and ADOPTS the R & R in its entirety. IT IS HEREBY ORDERED: 1. Defendants' Motions to Dismiss (ECF Nos. 32, 41, 42) are GRANTED. 2. Plaintiffs’ Section 1983 and supplemental state claims against Rosa- Pimentel, her spouse, and their conjugal partnership are DISMISSED

with prejudice. 3. Plaintiffs’ Section 1983 claims against Steidel-Figueroa and Villares are DISMISSED with prejudice. 4. Plaintiffs’ supplemental state claims against Steidel-Figueroa and Villares are DISMISSED without prejudice. IT IS SO ORDERED.

In San Juan, Puerto Rico, this 12th day of October, 2023. S/ María Antongiorgi-Jordán MARÍA ANTONGIORGI-JORDÁN UNITED STATES DISTRICT JUDGE