Opinion

Hicks v. Collier

Court
District Court, S.D. Texas
Filed
Jul 31, 2025
Cited by
0 cases
Authority
More cited than 38.5%

The opinion

Southem District of Texa:

ENTERED

July 31, 2025

UNITED STATES DISTRICT COURT Nathan Ochsner. □□□□□

SOUTHERN DISTRICT OF TEXAS

CORPUS CHRISTI DIVISION

SEAN HICKS, §

§

Plaintiff, §

V. § CIVIL ACTION NO. 2:24-CV-00126

§

BRYAN COLLIER, ef al., §

§

Defendants. § .

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION

Before the Court is Magistrate Judge Mitchel Neurock’s Memorandum and Recommendation

(“M&R”). (D.E. 51). The M&R recommends that the Court:

e Deny the Rule 12(b)(6) motion as to Sergeant Flores, Officer Balderas, and Officer

Garner; □

e Deny the qualified immunity motion as to Sergeant Flores, Officer Balderas, and

Officer Garner, without prejudice; and

e Grant the Rule 12(b)(6) and qualified immunity motion as to Sergeant Alaniz and

dismiss Plaintiffs claims against her with prejudice.

Id. at 22.

The parties were provided proper notice of, and the opportunity to object to, the Magistrate

Judge’s M&R.! See 28 U.S.C. § 636(b)(1); FED. R. Civ. P. 72(b); General Order No. 2002-13. No

objection has been filed. When no timely objection has been filed, the district court need only

determine whether the Magistrate Judge’s M&R is clearly erroneous or contrary to law. United

' Plaintiff's mail was returned as undeliverable. As a party, Plaintiff is required to keep the Court apprised

of his current address at all times and has failed to do so. LOCAL RULE 83.4; see also Martinez-Reyes v.

United States, No. 7:12-CR-1787-1, 2016 WL 8740494, at *4 (S.D. Tex. Oct. 10, 2016) (Ormsby, Mag. J.)

(collecting cases), adopted, No. CR M-12-1787-1, 2017 WL 1409315 (S.D. Tex. Apr. 20, 2017) (Crane,

C.J.).

1/2

States v. Wilson, 864 F.2d 1219, 1221 (Sth Cir. 1989) (per curiam); Powell vy. Litton Loan

Servicing, L.P., No. 4:14-CV-02700, 2015 WL 3823141, at *1 (S.D. Tex. June 18, 2015) (Harmon,

J.) (citation omitted).

Having reviewed the proposed findings and conclusions of the Magistrate Judge, the filings

of the parties, the record, and the applicable law, and finding that the M&R is not clearly erroneous

or contrary to law, the Court ADOPTS the M&R in its entirety. (D.E. 51). Accordingly, the Court:

e DENIES the Rule 12(b)(6) motion, (D-E. 46), as to Sergeant Flores, Officer Balderas,

and Officer Garner;

e DENIES the qualified immunity motion, (D.E. 46), as to Sergeant Flores, Officer

Balderas, and Officer Garner, without prejudice; and

e GRANTS the Rule 12(b)(6) and qualified immunity motion, (D.E. 46), as to Sergeant

Alaniz and DISMISSES with prejudice Plaintiffs claims against her.

SO ORDERED. ¢ /

DA . MORALES

UNITED STATES DISTRICT JUDGE

Signed: Corpus Christi, Texas

July 3/5%3025

2/2

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.