5:23-cv-00068•Barrientos v. Zapata County et al
Full text
1 / 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION RIGOBERTO BARRIENTOS, Plaintiff, § § § § § § § § § § v. CIVIL ACTION NO. 5:23-CV-68 ZAPATA COUNTY, et al., Defendants. ORDER ADOPTING REPORT AND RECOMMENDATION Before the Court is the Report and Recommendation of the United States Magistrate Judge, (Dkt. No. 69), pertaining to Plaintiff’s Motion for Leave to File Third Amended Complaint, (Dkt. No. 62). Plaintiff seeks “leave to amend narrowly to add a supplemental state-law tort claim for false arrest/false imprisonment under Texas common law.” (Id. at 1). The Court referred the motion to the Magistrate Judge for a report and recommendation. (Dkt. No. 68). In her report and recommendation, Magistrate Judge Song Quiroga recommends that Plaintiff’s Motion for Leave to File Third Amended Complaint, (Dkt. No. 62), be DENIED. (Dkt. No. 69 at 5). Objections to the report and recommendation were due on December 18, 2025, (Id. at 6), and no objections were filed by any party. Given that there are no objections, pursuant to Federal Rule of Civil Procedure 72(b)(1), the Court reviewed the report and recommendation and applied the “clearly erroneous, abuse of discretion and contrary to law” standard of review. United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989). Finding no abuse of discretion or clearly erroneous findings, the Court hereby ADOPTS IN WHOLE the report and recommendation, (Dkt. No. 69). Plaintiff’s Motion for Leave to File Third Amended Complaint, (Dkt. No. 62), is DENIED. It is so ORDERED. United States District Court Southern District of Texas ENTERED December 30, 2025 Nathan Ochsner, Clerk Case 5:23-cv-00068 Document 70 Filed 12/30/25 in TXSD Page 1 of 2
2 / 2 SIGNED on December 30, 2025. John A. Kazen United States District Judge Case 5:23-cv-00068 Document 70 Filed 12/30/25 in TXSD Page 2 of 2
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.