Betancourt v. Mendez et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
RICHARD BETANCOURT,
Plaintiff,
VS.
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CIVIL ACTION NO. 2:25-CV-00102
ANA MENDEZ, et al.,
Defendants.
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
TO DISMISS CASE FOR FAILURE TO PROSECUTE
On October 29, 2025, United States Magistrate Judge Julie K. Hampton issued a
Memorandum and Recommendation (M&R, D.E. 17), recommending that the Court
dismiss this action sua sponte for failure to comply with Court orders. Plaintiff timely filed
his objections (D.E. 19) and an amended complaint (D.E. 20) on November 10, 2025.
Plaintiff’s original complaint (D.E. 1), which purports to bring an employment
discrimination claim, is cryptic, conclusory, fails to allege any complaint against two of
the three defendants and is incomplete regarding the requirements of a discrimination
claim. The Magistrate Judge gave Plaintiff two opportunities to amend, providing specific
instructions for doing so. D.E. 11, 14. The latter order provided notice that no additional
opportunities to amend may be permitted and that the action may be dismissed for failure
to comply. Plaintiff failed to file any meaningful response to either order. Therefore, the
Magistrate Judge now recommends that this action be dismissed for failure to prosecute.
United States District Court
Southern District of Texas
ENTERED
November 24, 2025
Nathan Ochsner, Clerk
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Plaintiff’s objections (D.E. 19) list a number of complaints against Defendants, but
continue to be set out in cryptic, conclusory, and incomplete terms. His amended complaint
(D.E. 20) is untimely, filed without leave of Court, and appears to simply add more cryptic,
conclusory, and incomplete claims. Consequently, the Court STRIKES the amended
complaint (D.E. 20) and OVERRULES the objections (D.E. 19).
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
objections, 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
objections and ADOPTS as its own the findings and conclusions of the Magistrate Judge.
Accordingly, this action is DISMISSED WITHOUT PREJUDICE for failure to
prosecute.
ORDERED on November 24, 2025.
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NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE
Case 2:25-cv-00102 Document 21 Filed on 11/24/25 in TXSD Page 2 of 2