Belmarez III v. Wal-Mart Stores Texas, LLC et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
MCALLEN DIVISION
FRANCISCO BELMAREZ III, §
§
Plaintiff, §
§
v. § Civil Action No. 7:25-CV-00152
§
WAL-MART STORES TEXAS, LLC, et al., §
§
Defendants. §
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
Pending before the Court is the November 17, 2025, Report and Recommendation
(“R&R”) prepared by Magistrate Judge Nadia S. Medrano. (Dkt. No. 15). Judge Medrano
made findings and conclusions and recommended that this civil action be dismissed for
failure to prosecute.
The Parties were provided proper notice and the opportunity to object to the R&R.
See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). No party filed an objection. As a result,
review is straightforward: plain error. Guillory v. PPG Indus., Inc., 434 F.3d 303, 308 (5th
Cir. 2005). No plain error appears.
Accordingly, the Court accepts the R&R and adopts it as the opinion of the Court.
It is therefore ordered that:
(1) Judge Medrano’s R&R, (Dkt. No. 15), is ACCEPTED and ADOPTED in its
entirety as the holding of the Court; and
(2) This civil action is DISMISSED WITH PREJUDICE under Rule 41(b) of
the Federal Rules of Civil Procedure for failure to prosecute.
It is SO ORDERED.
United States District Court
Southern District of Texas
ENTERED
December 15, 2025
Nathan Ochsner, Clerk
Case 7:25-cv-00152 Document 16 Filed on 12/15/25 in TXSD Page 1 of 2

2
Signed on December 15, 2025.
___________________________________
DREW B. TIPTON
UNITED STATES DISTRICT JUDGE
Case 7:25-cv-00152 Document 16 Filed on 12/15/25 in TXSD Page 2 of 2