Diez v. Texas Department of Criminal Justice -CID

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
JAMES LOGAN DIEZ,
Plaintiff,
VS.
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CIVIL ACTION NO. 2:23-CV-00269
TEXAS DEPARTMENT OF CRIMINAL
JUSTICE -CID, et al.,
Defendants.
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
Pending before the Court are Plaintiff’s motions for a protective order (D.E. 102,
105), which the Magistrate Judge construed as motions for preliminary injunctive relief.
On December 1, 2025, United States Magistrate Judge Julie K. Hampton issued a
Memorandum and Recommendation (M&R, D.E. 108), recommending that Plaintiff’s
motions be denied. Plaintiff timely filed his objections (D.E. 113) on December 11, 2025.
Plaintiff states a single objection: that he did not receive a copy of Defendants’
response to his motions. He seeks service of a copy and additional time to reply.
Defendants’ response contains a certificate of service indicating that a copy was mailed to
Plaintiff at his McConnell Unit address. D.E. 107, p. 6. Plaintiff’s objection is not sworn
or signed subject to penalty of perjury. The Court does not accept a mere allegation that
mail was not received. Moreover, the M&R recites the salient points made by Defendants
United States District Court
Southern District of Texas
ENTERED
February 02, 2026
Nathan Ochsner, Clerk
Case 2:23-cv-00269 Document 119 Filed 02/02/26 in TXSD Page 1 of 2

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and Plaintiff fails to raise any inaccuracy or error regarding the recited facts or analysis.
Consequently, the objection is OVERRULED.
Having reviewed the findings of fact, conclusions of law, and recommendations set
forth in the Magistrate Judge’s Memorandum and Recommendation, as well as Plaintiff’s
objection, and all other relevant documents in the record, and having made a de novo
disposition of the portions of the Magistrate Judge’s Memorandum and Recommendation
to which objections were specifically directed, the Court OVERRULES Plaintiff’s
objection and ADOPTS as its own the findings and conclusions of the Magistrate Judge.
Accordingly, Plaintiff’s motions for preliminary injunctive relief (D.E. 102, 105) are
DENIED.
ORDERED on February 2, 2026.
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NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE
Case 2:23-cv-00269 Document 119 Filed 02/02/26 in TXSD Page 2 of 2