2:25-cv-00185•Diez v. Collier et al
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United States District Court Southern District of Texas ENTERED July 21, 2026 Nathan Ochsner, Clerk Case 2:25-cv-00185 Document 39 Filed 07/21/26 in TXSD Page 1 of 2
Case 2:25-cv-00185 Document 39 Filed 07/21/26 in TXSD Page 2 of 2
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Case 2:25-cv-00185 Document 39 _~ Filed 07/21/26 in TXSD UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION JAMES LOGAN DIEZ, Plaintiff, V. BRYAN COLLIER, et al., COR CO? 40? (0? CO> (OD) CO? CK KP Defendants. Page 1 of 2 United States District Court Southem District of Texas ENTERED July 21, 2026 Nathan Ochsner, Clerk CIVIL ACTION NO. 2:25-CV-00185 ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate Judge Mitchel Neurock’s Memorandum and Recommendation (“M&R”). (D.E. 33). The M&R recommends the Court: Id. at 20-21. Grant Director Lumpkin and Director Guerrero’s motion for judgment on the pleadings, (D.E. 28); Dismiss with prejudice Plaintiff's individual capacity claims against Director Lumpkin and Director Collier; Dismiss without prejudice Plaintiff's official capacity First Amendment claim against Director Lumpkin and Director Guerrero for lack of subject matter jurisdiction; Dismiss with prejudice Plaintiffs state law claim under section 500.001 of the Texas Government Code; and Deny Plaintiffs construed motion to amend his complaint. 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 States v. Wilson, 864 F.2d 1219, 1221 (Sth Cir. 1989) (per curiam); Powell v. 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). 1/2 AUTHENTICATED U.S. GOVERNMENT INFORMATION GPO Case 2:25-cv-00185 Document 39 Filed 07/21/26 in TXSD ‘Page 2 of 2 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. 33). Accordingly, the Court: e GRANTS Director Lumpkin and Director Guerrero’s motion for judgment on the pleadings, (D.E. 28); e DISMISSES with prejudice Plaintiffs individual capacity claims against Director Lumpkin and Director Collier; e DISMISSES without prejudice Plaintiffs official capacity First Amendment claim against Director Lumpkin and Director Guerrero for lack of subject matter jurisdiction; e DISMISSES with prejudice Plaintiffs state law claim under section 500.001 of the Texas Government Code; and e DENIES Plaintiffs construed motion to amend his complaint. SO ORDERED. Signed: Corpus Christi, Texas July 2/57, 2026 2/2 / _ \ LAN ‘= DAVIDS. MORALES UNITED STATES DISTRICT JUDGE
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