# Lopez v. Brown

> District Court, W.D. Texas · September 15, 2023

URL: https://www.frixlaw.com/law-library/cases/10682107

## Case

- **Court:** District Court, W.D. Texas
- **Decided:** September 15, 2023
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10682107

## Opinion text

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION

SAUL A. LEON LOPEZ,

Plaintiff,

v. Case No. SA-23-CV-00893-JKP

WENDELL BROWN, GRETCHEN
BROWN, NEFTALI M. VILLARREAL,

Defendants.

ORDER ADOPTING REPORT AND RECOMMENDATION
Before the Court is U.S. Magistrate Judge Henry J. Bemporad’s Report and
Recommendation (R&R) entered in the above-captioned case. See ECF No. 7. The parties filed
no objections to the R&R and the deadline to do so has passed. Judge Bemporad recommends
the Court dismiss this case without prejudice for lack of subject matter jurisdiction pursuant to
Federal Rule of Civil Procedure 12(h)(3). After due consideration, the Court ADOPTS the R&R
in its entirety (ECF No. 7) and DISMISSES WITHOUT PREJUDICE this case for lack of
subject matter jurisdiction.
In a case such as this, where no party has objected to a Magistrate Judge’s Report and
Recommendation, the Court need not conduct a de novo review. See 28 U.S.C. § 636(b)(1). In
such cases, the Court need only review the Report and Recommendation and determine whether
they are either clearly erroneous or contrary to law. United States v. Wilson, 864 F.2d 1219, 1221
(5th Cir.), cert. denied, 492 U.S. 918 (1989). The Court reviewed the R&R and found it to be
neither clearly erroneous nor contrary to law.
IT IS THEREFORE ORDERED that the Court ACCEPTS the Magistrate Judge’s
findings and recommendations and ADOPTS the R&R in its entirety. See ECF No. 7.
IT IS FURTHER ORDERED that the Court DENIES AS MOOT Plaintiff's pending
motions to file electronically and appoint an interpreter. See ECF Nos. 2, 3.
IT IS FINALLY ORDERED that the Court DISMISSES WITHOUT PREJUDICE
this case for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure
12(h)(3).
The Clerk of Court is instructed to enter a Clerk’s Judgment and CLOSE THIS CASE.
It is so ORDERED.
SIGNED this 15th day of September, 2023.
/
O\apen DUK DAW
U D STATES DISTRICT JUDGE

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10682107. Public record. Not legal advice.