Pete v. United States of America et al

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
DAVID R. PETE,
Plaintiff,
v.
UNITED STATES OF AMERICA, UNITED
STATES GOVERNMENT, SECRETARY OF
STATE, SECRETARY OF TREASURY,
SECRETARY OF DEFENSE, ATTORNEY
GENERAL, SECRETARY OF JUSTICE;
SECRETARY OF THE INTERIOR,
SECRETARY OF AGRICULTURE,
SECRETARY OF COMMERCE,
SECRETARY OF HEALTH AND HUMAN
SERVICES, SECRETARY OF HOUSING
AND URBAN DEVELOPMENT,
SECRETARY OF TRANSPORTATION,
SECRETARY OF ENERGY, SECRETARY
OF EDUCATION, SECRETARY OF
VETERANS AFFAIRS, SECRETARY OF
HOMELAND SECURITY, DONALD J.
TRUMP, IN HIS OFFICIAL CAPACITY AS
PRESIDENT OF THE UNITED STATES;
AND J.D. VANCE, IN HIS OFFICIAL
CAPACITY AS VICE PRESIDENT OF THE
UNITED STATES;
Defendants.
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NO. 1:25-CV-00434-MJT-ZJH
JUDGE MICHAEL TRUNCALE
ORDER OVERRULING PLAINTIFF’S OBJECTIONS
AND ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
On August 29, 2025, the Court referred this case to the Honorable Zack Hawthorn, United
States Magistrate Judge, for pre-trial management. On January 23, 2026, Judge Hawthorn issued
a Report and Recommendation [Dkt. 6], which granted pro se Plaintiff David R. Pete’s (“Pete”)
Motion for Leave to Proceed in forma pauperis [Dkt. 2], and recommended dismissal of this case
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for lack of standing. On January 30, 2026, Pete filed Objections to Judge Hawthorn’s report [Dkt.
7].
A party who files timely written objections to a magistrate judge’s report and
recommendation is entitled to a de novo determination of those findings or recommendations to
which the party specifically objects. 28 U.S.C. § 636(b)(l)(c); FED. R. CIV. P. 72(b)(2)–(3). The
Court has reviewed Judge Hawthorn’s Report and Recommendation and has considered Pete’s
Objection. Dkt. 7. The Court holds that Judge Hawthorn’s findings and conclusions of law are
correct, and that Pete’s Objections [Dkt. 7] are without merit.
It is, therefore, ORDERED that Judge Hawthorn’s Report and Recommendation [Dkt. 6]
is ADOPTED and that Pete’s Objection [Dkt. 7] is OVERRULED. A final judgment will be
entered in this case, in accordance with the magistrate judge’s recommendation.
____________________________
Michael J. Truncale
United States District Judge
SIGNED this 4th day of February, 2026.
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