Guerra v. Parker et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
HEATHER WOLFE GUERRA., 	§
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Plaintiff,
VS. 	CIVIL ACTION NO. 4:25-cv-02923
CITY OF BAYTOWN POLICE
DEPARTMENT, et al.,
Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
Pending before the Court is the Unserved Defendants’ Motion to Dismiss (ECF No. 9)
and Officer Parker’s Motion for Summary Judgment (ECF No. 10). The Motions were referred
to Magistrate Judge Richard W. Bennett for a report and recommendation. ECF No. 14. On July
14, 2026, Judge Bennett issued a Report and Recommendation recommending that both motions
be granted. Judge Bennett recommended that Plaintiff’s Original Petition (ECF No. 1-2 at 2–22)
be dismissed without prejudice as to Baytown, Officer Puga, and Officer Street, and dismissed
with prejudice as to Officer Parker. The deadline for filing objections passed on July 28, 2026,
and no objections were filed.
Pursuant to Federal Rule of Civil Procedure 72(b), the Court has reviewed the Report and
Recommendation for clear error. Finding no clear error, the Court adopts the Report and
Recommendation in its entirety. Accordingly, the Unserved Defendants’ Motion to Dismiss
(ECF No. 9) is GRANTED and Officer Parker’s Motion for Summary Judgment (ECF No. 10)
is GRANTED. Plaintiff’s Original Petition (ECF No. 1-2 at 2–22) is DISMISSED WITHOUT
PREJUDICE as to Baytown, Officer Puga, and Officer Street, and DISMISSED WITH
PREJUDICE as to Officer Parker.
United States District Court
Southern District of Texas
ENTERED
July 31, 2026
Nathan Ochsner, Clerk
Case 4:25-cv-02923 Document 20 Filed 07/31/26 in TXSD Page 1 of 2

IT IS SO ORDERED.
SIGNED at Houston, Texas on this the 31st of July, 2026.
_______________________________
KEITH P. ELLISON
UNITED STATES DISTRICT JUDGE
Case 4:25-cv-02923 Document 20 Filed 07/31/26 in TXSD Page 2 of 2