United States v. 2.859 ACRES OF LAND, MORE OR LESS

Opinion

UNITED STATES DISTRICT COURT August 19, 2025 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk MCALLEN DIVISION UNITED STATES OF AMERICA, § § Plaintiff, § § v. § Civil Action No. 7:25-CV-00059 § 2.859 ACRES OF LAND, MORE OR § LESS, et al., § § Defendants. § ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Pending before the Court is the July 30, 2025, Memorandum and Recommendation (“M&R”) prepared by Magistrate Judge Nadia S. Medrano. (Dkt. No. 81). Judge Medrano made findings and conclusions and recommended that the Government’s Opposed Motion for Order of Immediate Possession, (Dkt. No. 63), be granted, (Dkt. No. 81 at 1, 8). Judge Medrano further recommended that the Government be ordered to confer with the Parties “and submit ‘proposed findings of fact and evidence’ relating to the amount and distribution of just compensation as amicus curiae.” (Id. at 8 n.3). The Parties received proper notice and an opportunity to object to the M&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). No objection was filed. Review is therefore limited to plain error. Guillory v. PPG Indus., Inc., 434 F.3d 303, 308 (5th Cir. 2005). No plain error appears. Accordingly, the Court accepts the M&R and adopts it as the opinion of the Court. It is therefore ordered that: (1) Judge Medrano’s M&R, (Dkt. No. 81), is ACCEPTED and ADOPTED in its entirety as the holding of the Court; (2) The Government's Motion for Order of Immediate Possession, (Dkt. No. 63), is GRANTED; and (3) The Government is ORDERED to confer with the Parties and submit “proposed findings of fact and evidence” relating to the amount and distribution of just compensation as amicus curiae. It is SO ORDERED. Signed on August 19, 2025.

DREW B. TIPTON UNITED STATES DISTRICT JUDGE