Richard Pena v. City of San Antonio

W.D. Texas

Richard Pena v. City of San Antonio

District Court, W.D. Texas·Decided March 9, 2026·No. 5:23-cv-01542·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION RICHARD PENA, § § Plaintiff, § § V. § CIVIL ACTION NO. SA-23-CA-1542-FB § CITY OF SAN ANTONIO, § § Defendant. § ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE Before the Court is the Report and Recommendation of United States Magistrate Judge, filed in the above-captioned cause on February 10, 2026. (ECF No. 38). The Report and Recommendation concerns Defendant City of San Antonio’s Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(c) and/or Motion for Summary Judgment Pursuant to Fed. R. Civ. P. 56. (ECF No. 28). Although the City alternatively asks for a judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c), this Court, as did the Magistrate Judge, treats the City’s motion as one for summary judgment without addressing Rule 12(c). Because no party has objected to the Magistrate Judge's Report and Recommendation, the Court need not conduct a de novo review. See 28 U.S.C. § 636(b)(1) ("A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings and recommendations to which objection is made."). The Court has reviewed the Report and Recommendation and finds its reasoning to be neither clearly erroneous nor contrary to law. United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir.), cert. denied, 492 U.S. 918 (1989). IT IS THEREFORE ORDERED that the Report and Recommendation of United States Magistrate Judge (ECF No. 38) is ACCEPTED pursuant to 28 U.S.C. § 636(b)(1) such that Defendant The City of San Antonio’s Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(c) and/or Motion for Summary Judgment Pursuant to Fed R. Civ. P. 56 (ECF No. 28) is GRANTED and summary judgment is awarded in favor of the City. The City’s alternative motion to dismiss is Denied as Moot. IT IS FINALLY ORDERED that remaining motions pending with the Court, if any, are Dismissed as Moot and this case is closed. It is so ORDERED. SIGNED this 9th day of March, 2026.

Feet CF

D BIERY UNITED STATES DISTRICT JUDGE

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION RICHARD PENA, § § Plaintiff, § § V. § CIVIL ACTION NO. SA-23-CA-1542-FB § CITY OF SAN ANTONIO, § § Defendant. § ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE Before the Court is the Report and Recommendation of United States Magistrate Judge, filed in the above-captioned cause on February 10, 2026. (ECF No. 38). The Report and Recommendation concerns Defendant City of San Antonio’s Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(c) and/or Motion for Summary Judgment Pursuant to Fed. R. Civ. P. 56. (ECF No. 28). Although the City alternatively asks for a judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c), this Court, as did the Magistrate Judge, treats the City’s motion as one for summary judgment without addressing Rule 12(c). Because no party has objected to the Magistrate Judge's Report and Recommendation, the Court need not conduct a de novo review. See 28 U.S.C. § 636(b)(1) ("A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings and recommendations to which objection is made."). The Court has reviewed the Report and Recommendation and finds its reasoning to be neither clearly erroneous nor contrary to law. United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir.), cert. denied, 492 U.S. 918 (1989). IT IS THEREFORE ORDERED that the Report and Recommendation of United States Magistrate Judge (ECF No. 38) is ACCEPTED pursuant to 28 U.S.C. § 636(b)(1) such that Defendant The City of San Antonio’s Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(c) and/or Motion for Summary Judgment Pursuant to Fed R. Civ. P. 56 (ECF No. 28) is GRANTED and summary judgment is awarded in favor of the City. The City’s alternative motion to dismiss is Denied as Moot. IT IS FINALLY ORDERED that remaining motions pending with the Court, if any, are Dismissed as Moot and this case is closed. It is so ORDERED. SIGNED this 9th day of March, 2026.

Feet CF

D BIERY UNITED STATES DISTRICT JUDGE

Richard Pena v. City of San Antonio, (W.D. Tex. 2026).

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