5:25-cv-00167•Ramirez v. United States of America
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1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION ERNESTO ALONZO RAMIREZ § § § § § VS. UNITED STATES OF AMERICA CIVIL ACTION NO. 5:25-cv-167 ORDER ADOPTING REPORT AND RECOMMENDATION The Court referred Plaintiff’s Application to Proceed in District Court Without Prepaying Fees and Costs to United States Magistrate Judge Brian C. Bajew (Dkt. No. 8). Judge Bajew found that Plaintiff offered the Court material discrepancies between his application and his prisoner’s trust fund account (Dkt. No. 22 at 3). Judge Bajew recommended denial of Plaintiff’s application and sua sponte dismissal of this civil action (Dkt. No. 22 at 3). Judge Bajew’s Report and Recommendation was mailed to Plaintiff at this last known address (Dkt. No. 23). The fourteen-day objection period has lapsed; Defendant filed a statement of no objection, and Plaintiff did not object (see Dkt. No. 24). See 28 U.S.C. § 636(b)(1). Pursuant to Federal Rule of Civil Procedure 72(b), the Court reviewed the Report and Recommendation for clear error. CGI Logistics, LLC v. Fast Logistik, No. 5:23-CV- 43, 2023 WL 8313341, at *2 (S.D. Tex. Dec. 1, 2023) (Garcia Marmolejo, J.) (citing United States v. Soto, 734 F. App’x 258, 259 (5th Cir. 2018)); see also Cao v. BSI Fin. Servs., Inc., 858 F. App’x 156, 158 (5th Cir. 2021). Finding none, the Court hereby ADOPTS IN WHOLE Judge Bajew’s Report and Recommendation (Dkt. No. 22). Accordingly, Plaintiff’s Application to Proceed in District Court Without Prepaying Fees and Costs is DENIED (Dkt. No. 6). The Court sua sponte DISMISSES WITHOUT PREJUDICE this civil action pursuant to Nottingham v. Warden, Bill United States District Court Southern District of Texas ENTERED July 07, 2026 Nathan Ochsner, Clerk Case 5:25-cv-00167 Document 25 Filed 07/07/26 in TXSD Page 1 of 2
2 Clements Unit, 837 F.3d 438, 441 (5th Cir. 2016). Defendant’s Motion for Summary Judgment is DENIED AS MOOT (Dkt. No. 2). Plaintiff’s Motion for Appointment of Counsel is DENIED AS MOOT (Dkt. No. 11). The Clerk of Court is DIRECTED to TERMINATE this civil action. It is so ORDERED. SIGNED July 7, 2026. ___________________________________ Marina Garcia Marmolejo United States District Judge Case 5:25-cv-00167 Document 25 Filed 07/07/26 in TXSD Page 2 of 2
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