7:26-cv-00169•Reyes-Medrano v. Moya et al
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United States District Court Southern District of Texas ENTERED June 12, 2026 Nathan Ochsner, Clerk Case 7:26-cv-00169 Document 8 Filed 06/12/26 in TXSD Page 1 of 5
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Case 7:26-cv-00169 Document8- Filed 06/12/26 in TXSD Pagelof5 | United States District Court i United States District Court Ce era Southern District of Texas | 3 ENTERED JUN 12 2026 UNITED STATES DISTRICT COURT June 12, 2026 jl a SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk Nathan Ochsner, Clerk = MCALLEN DIVISION DAVID ABISAI REYES-MEDRANO, § : § Plaintiff, § § VS. § CIVIL ACTION NO. 7:26-CV-0169 § HILARIO MOYA, et al., § | § | Defendants. § REPORT AND RECOMMENDATION | Plaintiff DAVID ABISAJ REYES-MEDRANO, appearing pro se, has filed this civil action under 42 U.S.C. § 1983, complaining of the violation of his constitutional rights by the City of Mission, Texas and several of its officials, including two officers associated with the Mission Police Department (the “MPD”). (Dkt. No. 1). The general basis of the complaint is that the defendants failed to investigate criminal wrongdoing reported by Plaintiff and then failed to respond to his public record and information requests regarding the investigation.! This case was referred to the Magistrate Judge for report and recommendation pursuant to 28 U.S.C. § 636(b)(1). Upon reviewing the record and the relevant law, the Magistrate Judge RECOMMENDS that Plaintiff's claims be DISMISSED with prejudice for the failure to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure.” i I | ' Plaintiff has filed lawsuits against the City of Pharr and the City of Edinburg and their respective officials based on similar allegations. Reyes-Medrano v. Garza, et al., Civil Action No. 7:25-CV-0362 (S.D. Tex.); Reyes-Medrano v. Lopez, et al., Civil Action No. 7:25-CV-0363 (S.D. Tex). These suits were summarily dismissed for Plaintiff’s failure to state a claim. Plaintiff has filed at least three other lawsuits before this court, all of which were summarily dismissed as duplicative of the others. Reyes-Medrano v. Moreno, et al., Civil Action No. 7:25-CV-0397 (S.D. Tex.); Reyes-Medrano v. Andrade, Civil Action No. 7:25-CV- 0450 (S.D. Tex.); Reyes-Medrano v. Garza, Civil Action No. 7:25-CV-0451 (S.D. Tex). ? Because Plaintiff is not appearing in forma pauperis, his pleadings are not subject to screening under 28 U.S.C. § 1915 of the Prison Litigation Reform Act. The Magistrate Judge recently ordered Plaintiff to AUTHENTICATED U.S. GOVERNMENT INFORMATION ~ GPO! Case 7:26-cv-00169 Document8- Filed 06/12/26 in TXSD Page2of5 I, FACTUAL ALLEGATIONS Plaintiff alleges that he submitted a tip to the MPD regarding illegal activity at a local smoke shop, “where unrestricted smoking products were . . . being sold in violation of applicable laws.” (Dkt. No. 1 at 1). According to Plaintiff, however, “[his] complaint appears to have been disregarded and effectively pushed aside without proper investigation or follow-through.” (Jd). After his tip was seemingly ignored, Plaintiff attempted to obtain documentation of the investigation by submitting to Mission a public records request. (See id.; see also Dkt. No. 1-1). The requested records, however, were never released, and Plaintiff contends that “[t}his lack of transparency raises serious concerns about compliance with the Texas Public Information Act and the integrity of the [MPD’s] investigative process.” (Dkt. No. 1 at 1). “As a result of this situation[,]” Plaintiff continues, “[he] [has] suffered . . . health conditions that [he] attribute[s] to [smoke] exposure and the failure of authorities to act in a timely and responsible manner.” (/d.). Il. LEGAL STANDARDS A. Rule 12(b)(6)—Failure to State a Claim However inartfully pleaded, pro se complaints must be held to less stringent standards than formal pleadings drafted by lawyers. Estelle v. Gamble, 429 U.S. 97, 106 (1976) (quoting Haines v. Kerner, 404 U.S. 519, 520 (1972)) (quotations omitted). That said, even pro se plaintiffs are ultimately subject to Rule 12(b)(6). To satisfy Rule 12(b)(6), the complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face. Rogers v. Boatright, 709 F.3d 403, 407 either pay the filing fee or move to proceed in forma pauperis (Dkt. No. 6), but the order was returned as undeliverable (Dkt. No. 7), and Plaintiff has failed to comply. Nevertheless, the law is clear that a district court may sua sponte review and dismiss a pro se plaintiff's pleadings for the failure to state a claim under Rule 12(b)(6)._ See Edmond v. Brap, LLC, 2021 WL 5969294, at *1-2 (N.D. Tex. Nov. 29, 2021) (citing Carroll y. Fort James Corp., 470 F.3d 1171, 1173 (Sth Cir. 2006)), report and recommendation adopted, 2021 WL 5967561 (N.D. Tex. Dec. 16, 2021). 2/5 Case 7:26-cv-00169 Document8_ Filed 06/12/26 in TXSD Page3of5 (5th Cir. 2013) (quoting Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)) (quotations omitted). The court construes the complaint liberally in favor of the plaintiff, takes all facts pleaded in the complaint as true, and considers whether, with every doubt resolved on the plaintiffs behalf, the complaint states any valid claim for relief. Harrington v. State Farm Fire & Cas. Co., 563 F.3d 141, 147 (Sth Cir. 2009) (quotations omitted). Indeed, a complaint fails to state a claim where it “lacks an arguable basis either in law or _ fact.” Neitzke v. Williams, 490 U.S. 319, 325 (1989). A claim lacks an arguable basis in law to the extent it is “based on an indisputably meritless legal theory, such as if the complaint alleges the violation of a legal interest which clearly does not exist.” Berry v. Brady, 192 F.3d 504, 507 (5th Cir. 1999). A claim lacks an arguable basis in fact if the facts alleged are clearly baseless, a category encompassing allegations that are fanciful, fantastic, and delusional. Denton v. Hernandez, 504 U.S. 25, 32-33 (1992) (quoting Neitzke, 490 U.S. at 325-28) (quotations omitted). B. Section 1983 Section 1983 “creates a private right of action for redressing violations of federal law by those acting under color of state law.” Olabisiomotosho v. City of Houston, 185 F.3d 521, 525 (5th Cir. 1999). The violation of law must involve the deprivation of rights or privileges secured by federal statute or constitutional norms. Livadas v. Bradshaw, 512 U.S. 107, 132 (1994). To act under the color of law means to act under the “pretense” of law. Screws v. United States, 325 U.S. 91, 111 (1945). Municipalities and cities qualify as persons liable to suit under § 1983. Monell vy. Dep’t of Soc. Servs., 436 U.S. 658, 690 (1978)). Iii. ANALYSIS Plaintiff does not state any cognizable claims under § 1983. A private citizen enjoys no general constitutional right to have another person criminally investigated. See Reyes-Medrano v. 3/5 Case 7:26-cv-00169 Document8- Filed 06/12/26 in TXSD Page4of5 Garza, 2026 WL 815304, at *9 (S.D. Tex. Mar. 3, 2026) (Alanis, M.J.) (collecting cases), report and recommendation adopted, 2026 WL 813913 (S.D. Tex. Mar. 24, 2026) (Tipton, D.J.); see also Miller v. Harris Cnty., 2011 WL 4456094, at *9 (S.D. Tex. Sept. 22, 2011) (citing Lewis v. Jindal, 368 F. App’x 613, 614 (Sth Cir. 2010) (per curiam)). Nor is there a general constitutional right to access non-judicial files related to criminal investigations. See Wessler v. U.S. Coast Guard, 2020 WL 10232966, at *4 (E.D.N.Y. Sept. 10, 2020) (citing Ctr. for Nat’l Sec. Studies v. U.S. Dep’t of Just., 331 F.3d 918, 933-36 (D.C. Cir. 2003)). IV. CONCLUSION For these reasons, the Magistrate Judge RECOMMENDS that Plaintiffs claims be DISMISSED with prejudice under Rule 12(b)(6) for the failure to state a claim.’ Notice to the Parties Within fourteen (14) days after being served a copy of this report, a party may serve and file specific, written objections to the proposed recommendations. 28 U.S.C. § 636(b)(1)(C); Fed. R. Civ. P. 72(b). Failure to file written objections within fourteen (14) days after service shall bar an aggrieved party from de novo review by the District Judge on an issue covered in this report and from appellate review of factual findings accepted or adopted by the District Judge, except on grounds of plain error or manifest injustice. Directive to Clerk of Court The Clerk of Court is DIRECTED to forward a copy of this report to Plaintiff by any receipted means. 3 Although a court must generally allow a pro se plaintiff at least one opportunity to amend the pleadings to correct any pleading defects, this restriction does not apply where the facts alleged are fantastic or delusional or the legal theory upon which a claim relies is indisputably meritless. See Gregory v. McKennon, 430 F. App’x 306, 309 (Sth Cir. 2011) (per curiam) (quoting Eason v. Thaler, 14 F.3d 8, 9n.5 (5th Cir. 1994)) (quotations omitted). 4/5 Case 7:26-cv-00169 Document8- Filed 06/12/26 in TXSD Page5of5 DONE at McAllen, Texas, this 12th day of June 2026. aT hes Magistrate Judge 5/5
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