Opinion

Salinas v. Perez

Court
District Court, S.D. Texas
Filed
Mar 21, 2025
Cited by
0 cases
Authority
More cited than 34.5%

The opinion

□ Southern District of Texas

ENTERED

March 21, 2025

UNITED STATES DISTRICT COURT

athan Ochsner, Clerk

SOUTHERN DISTRICT OF TEXAS

CORPUS CHRISTI DIVISION

ROBERTO SALINAS, §

§

Plaintiff, §

V. § CIVIL ACTION NO, 2:23-CV-00160

§

KIMBERLY PEREZ, et al., §

§

Defendants. §

ORDER ADOPTING MEMORANDUM & RECOMMENDATION

Before the Court are Magistrate Judge Julie Hampton’s October 4, 2024 Memorandum and

Recommendation (“M&R”), (D.E. 61), and November 12, 2024 M&R, (D.E. 74). The October 4,

2024 M&R recommends that the Court!:

(1) Dismiss Plaintiffs Fourth Amendment false imprisonment claims against Sheriff

Romeo Ramirez and Lt. Kimberly Perez; and

(2) Retain Plaintiffs Fourteenth Amendment substantive due process claims against

Sheriff Romeo Ramirez and Lt. Kimberly Perez,

(D.E. 61, p. 1, 8). Plaintiff filed written objections to the M&R. (D.E. 65). Defendants also filed

written objections to the M&R. (D.E. 66).

The November 11, 2024 M&R recommends that the Court:

(1) Grant Defendants’ Motion for Summary Judgment, (D.E. 56); and

(2) Dismiss with prejudice Plaintiff's Fourteenth Amendment due process claims against

Sheriff Romeo Ramirez and Lt. Kimberly Perez,

(D.E. 74, p. 20). Plaintiff filed written objections to the M&R. (D.E. 79).

When a party objects to the findings and recommendations of a magistrate judge, the

' The October 4, 2024 M&R also recommended denial of Defendants’ Motion for Summary Judgment,

(D.E. 61, p. 1, 8), but the Court later vacated the M&R to the extent it recommended denying as moot

Defendants’ summary judgment motion, (D.E. 73, p. 6).

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district judge “shall make a de novo determination of those portions of the report or specified

proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1)(C). As

to any portion for which no objection is filed, a district court reviews for clearly erroneous factual

findings and conclusions of law. United States v. Wilson, 864 F.2d 1219, 1221 (Sth Cir. 1989) (per

curiam).

I. October 4, 2024 M&R

Plaintiff appears to object to the M&R’s recommendation that his false imprisonment claim

against Sherriff Ramirez be dismissed and instead recharacterized as a Fourteenth Amendment

substantive due process claim. (D.E. 65, p. 1). Plaintiff filed a first set of supplemental objections,

(D.E. 67), which appear to be a response to Defendants’ objections, and then supplement to the

objections, (D.E. 68).

Plaintiff restates his original claim that Defendants Perez and Ramirez had no basis for

denying bail. (D.E. 67, p. 3). Plaintiff also appears to raise a claim for false arrest: “Plaintiff objects

to the sheriff's false arrest and imprisonment.” (D.E. 65, p. 1). Further, Plaintiff appears to present

a claim for obstruction of justice. /d. at 2.

Plaintiff's objections are conclusory—and the Court does not consider conclusory

objections that do not specifically assert why the M&R is wrong. See Perez v. Stephens, No. 2:15-

CV-409, 2016 WL 722466, at *1 (S.D. Tex. Feb. 24, 2016) (Ramos, J.), aff'd sub nom., 690 F.

App’x 200 (5th Cir. 2017) (per curiam); Martinez v. Torok, No. 2:21-CV-113, 2022 LEXIS

133239, at *2 (S.D. Tex. July 27, 2022) (Tipton, J.) (“[A] party must object to the magistrate’s

finding or recommendation with sufficient specificity so as reasonably to alert the district court of

the true ground for the objection.” (quoting United States v. Benton, 523 F.3d 424, 428 (4th Cir.

2008) and cleaned up)). Plaintiff's allegations that Defendants had no authority to deny him bail

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do not explain why the M&R’s recommendation that his false imprisonment claims be reconstrued

is wrong.

Furthermore, to the extent Plaintiff presents new claims, that may be construed as a motion

to amend his complaint. (D.E. 73, p. 5-6). But Judge Hampton denied Plaintiff's leave to amend

to include obstruction and false arrest claims, see id, pursuant to the Court’s order requiring

1) court approval to file an amendment or supplement and 2) that Plaintiff attach a completed

amended complaint to any motion to amend, (D.E. 49, p. 10). Because Plaintiff's previous motion

to amend has already been denied and because his objections do not state why the M&R is wrong,

the Court OVERRULES Plaintiff's objections. (D.E. 65; D.E. 67; D.E. 68).

Defendants object to the M&R’s recommendation that the Court deny their motion for

summary judgment. (D.E. 66, p. 8). But Judge Hampton vacated that part of the M&R, to the

extent the M&R recommended denying summary judgment. (D.E. 73, p. 6). Because that

recommendation has already been vacated, the Court OVERRULES Defendants’ objections as

moot. (D.E. 66).

II. November 12, 2024 M&R

Plaintiff lodges myriad objections to the November 12, 2024 M&R’s recommendation that

Defendant’s Motion for Summary Judgment be granted. (D.E. 79). Plaintiff presents his

understanding of when bail may be denied, id. at 2-4, questions why Defendants denied him bail

id., and speculates as to Defendant Ramirez’s motivations in denying him bail, id. at 5—6, Plaintiff

further alleges that Defendant identified additional money orders which do not belong to him, id.

at 7; (D.E. 81, p. 1-2), and that the Court should find that such false evidence undermines the

credibility of all of Defendants’ arguments, (D.E. 79, p. 8-9).

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Once again, Plaintiffs objections as to denial of bail, (D.E. 79, p. 2-4), are largely

conclusory and do not address the M&R’s findings that Defendants did not delay Plaintiff's release

from jail after he satisfied all conditions of his release. (D.E. 74, p. 15-17). The Court does not

consider conclusory objections that do not specifically assert why the M&R is wrong. See Perez,

2016 WL 722466, at *1; Martinez, 2022 LEXIS 133239, at *2.

Pursuant to the Court’s Order issued on March 5, 2024, (D.E. 49, p. 10), the Court need

not address Plaintiff's new claims introduced in his objections. (D.E. 79, p. 5—7). To the extent

Plaintiff attempts to raise new claims relating to Equal Protection Clause violations or obstruction

of justice, those claims 1) must have been filed with court approval, and 2) must have been

presented in an amended complaint attached to a motion to amend. (D.E. 49, p. 10).

Lastly, Plaintiff's objections as to the November money order do not constitute a genuine

issue of material fact. FED. R. Civ. P. 56(a). Plaintiff says that the receipts with serial numbers

019435 and 019436 belong to “Gerardo Reyes and Angel Munoz.” (D.E. 79, p. 7). And Defendants

state the same. (D.E. 56, p. 6). Because that fact does not bear on the M&R’s conclusion that

Plaintiff has failed to point to clearly established law to overcome Defendants’ assertion of

qualified immunity, (D.E. 74, p. 19), the Court OVERRULES this objection, (D.E. 79, p. 7).

The date of the November money order is also not in controversy. While Plaintiff has

submitted a $10.00 money order (which appears to be) dated November 16, 2021, (D.E. 55-3,

p. 3), and Defendants have submitted a $15.00 money order dated November 15, 2021, (D.E. 56-

1, p. 20), Plaintiff has also confirmed the validity of the $15.00 money order: “[t]he receipt for

$15.00 money order presented by Plaintiff's wife bears the serial number 019437 is correct,”

(D.E. 79, p. 7). Even considering Plaintiff's $10.00 November 16, 2021 money order, this does

not disturb the M&R’s determination that Plaintiff did not satisfy all of the conditions of his release

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until November 16—the day of his release. (D.E. 74, p. 16). As such, Plaintiff has failed to rebut

Defendants’ qualified immunity defense “by establishing that [their] allegedly wrongful conduct

violated clearly established law and that genuine issues of material fact exist regarding the

reasonableness of [their] conduct.” Gates v. Tex. Dep’t of Protective & Regulatory Servs., 537 F.3d

404, 409 (Sth Cir. 2008). Finally, Plaintiff acknowledges that he has “not submitted any clearly

established law” regarding his claims. (D.E. 79, p. 1). Accordingly, the Court must OVERRULE

Plaintiff's objections. (D.E. 79).

Having reviewed the proposed findings and conclusions of the M&R, the record, the

applicable law, and having made a de novo review of the portions of the M&R to which the parties’

objections are directed, 28 U.S.C. § 636(b)(1)(C), the Court OVERRULES Plaintiffs objections,

(D.E. 65; D.E. 67; D.E. 68), and Defendants’ objections, (D.E. 66), and ADOPTS the findings

and conclusions of the October 4, 2024 M&R, (D.E. 61). Furthermore, the Court OVERRULES

Plaintiff's objections, (D.E. 79; D.E. 81), and ADOPTS the findings and conclusions of the

November 12, 2024 M&R, (D.E. 74). Accordingly, the Court GRANTS Defendant’s motion for

summary judgment, (D.E. 56), and DISMISSES Plaintiff's case. The Court will enter a final

judgment separately.

SO ORDERED. . | | | /

DA MORALES

UNITED STATES DISTRICT JUDGE

Signed: Corpus Ciirtsti, Texas

March Z $7 2025

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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