Benavides v. Venegas et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
ERNESTO BENAVIDES, JR.,
Plaintiff,
VS.
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CIVIL ACTION NO. 1:25-CV-207
RAMON VENEGAS, et al.,
Defendants.
ERNESTO BENAVIDES, JR.,
Petitioner,
VS.
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CIVIL ACTION NO. 1:25-CV-210
ERIC GUERRERO,
Respondent.
ERNESTO BENAVIDES, JR.,
Petitioner,
VS.
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CIVIL ACTION NO. 1:25-CV-367
RAMON VENEGAS, et al.,
Defendants.
ERNESTO BENAVIDES, JR.,
Petitioner,
VS.
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CIVIL ACTION NO. 1:26-CV-464
RAMON VENEGAS, et al.,
Defendants.
Case 1:25-cv-00207 Document 48 Filed 07/31/26 in TXSD Page 1 of 3

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ORDER
Ernesto Benavides Jr. has filed four separate causes regarding the revocation of his parole.
Three of the cases (Civil Action Nos. 1:25-cv-207, 1:25-cv-367 1:25-cv-464) are prisoner civil rights
cases, while the fourth (Civil Action No. 1:25-cv-210) is a petition for writ of habeas corpus under
28 U.S.C. § 2254.
A United States Magistrate Judge consolidated all four cases because they involved
common issues of law and fact. The Magistrate Judge then issued a Report and Recommendation,
which recommends that the Court deny the habeas petition and dismiss the civil rights claims
without prejudice under Heck v. Humphrey, 512 U.S. 477, 486-87 (1994). (R&R, Doc. 41)
Benavides timely objected to the Report and Recommendation. (Objs., Doc. 46)
The Court affords de novo review to the portions of the Report and Recommendation to
which Benavides objected. FED. R. CIV. P. 72(b)(3). In his objections, Benavides does not
specifically identify the portions of the Report and Recommendation that he challenges. Out of
an abundance of caution, the Court affords de novo review to the entirety of the Report and
Recommendation. Having conducted that review, and based on the record and the applicable
law, the Court concludes that Benavides is not entitled to any relief.
Accordingly, Petitioner/Plaintiff Ernesto Benavides’s objections to the Report and
Recommendation are OVERRULED and the Court ADOPTS the Report and Recommendation
(Doc. 41). It is:
ORDERED that Petitioner Ernesto Benavides’s Petition Under 28 U.S.C. § 254 for Writ
of Habeas Corpus by a Person in State Custody (Doc. 32) is DENIED; and
ORDERED that Plaintiff Ernesto Benavides’ remaining causes of action are
DISMISSED WITHOUT PREJUDICE for failure to state a claim upon with relief can be
granted pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) until such time as the Heck conditions regarding
the underlying state conviction or the challenge to parole revocation are met.
Case 1:25-cv-00207 Document 48 Filed 07/31/26 in TXSD Page 2 of 3

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This is a final and appealable order.
The Clerk of Court is directed to close each of these cases.
Signed on July 31, 2026.
____________________________
Fernando Rodriguez, Jr.
United States District Judge
Case 1:25-cv-00207 Document 48 Filed 07/31/26 in TXSD Page 3 of 3