Smigelski v. U.S. Customs and Border Protection et al

1 / 2
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
LAREDO DIVISION
ANDREW SMIGELSKI,
Plaintiff,
VS.
§
§
§
§
§
§
§
§
§
§
CIVIL ACTION NO. 5:25-CV-00267
U.S. CUSTOMS AND BORDER
PROTECTION, et al.,
Defendants.
ORDER
Plaintiff Andrew Smigelski (“Plaintiff”) filed a pro se Complaint on December 17, 2025.
(Dkt. 1.) Plaintiff filed an Application to Proceed in Forma Pauperis (“IFP application”). The
Court referred this matter to Magistrate Judge Christopher dos Santos, (Dkt. 6), who thereafter
submitted his Report and Recommendation. (Dkt. 7.) In his Report and Recommendation, the
Magistrate Judge recommended denying Plaintiff’s IFP application and allowing Plaintiff sixty
days to pay the filing fee. (Id. at 3.)
The Magistrate Judge’s Report and Recommendation was sent to Plaintiff via certified mail
on January 15, 2026. The time period to file an objection to the Report and Recommendation has
elapsed and no written objections have been filed. See 28 U.S.C. § 636; Fed. R. Civ. P. 6(d). The
Court concludes that the Report and Recommendation should be and is hereby ADOPTED IN
WHOLE. Therefore, Plaintiff’s Application to Proceed in Forma Pauperis, (Dkt. 2), is DENIED,
and Plaintiff has sixty (60) days to pay the filing fee.
The Clerk of Court is DIRECTED to serve a copy of this order by any receipted means to
the address provided in Plaintiff’s most recent filing.
United States District Court
Southern District of Texas
ENTERED
February 06, 2026
Nathan Ochsner, Clerk
Case 5:25-cv-00267 Document 9 Filed 02/06/26 in TXSD Page 1 of 2

2 / 2
IT IS SO ORDERED.
SIGNED this February 6, 2026.
_______________________________
Diana Saldaña
United States District Judge
Case 5:25-cv-00267 Document 9 Filed 02/06/26 in TXSD Page 2 of 2