Aguiar v. Musk et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
REINALDO AGUIAR,
Plaintiff,
VS.
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CIVIL ACTION NO. 4:25-CV-02276
ELON MUSK, et al.,
Defendants.
ORDER
Magistrate Judge Richard W Bennet set the Initial Scheduling Conference in this
matter for December 18, 2025. (Dkt. 22). Plaintiff had failed to effectuate service on
Defendants as ordered by the Court by December 12, 2025. (Dkt. 22). Judge Bennett
therefore cancelled the Initial Scheduling Conference and filed a Memorandum and
Recommendation 	recommending 	that 	this 	matter 	be 	DISMISSED 	WITHOUT
PREJUDICE for want of prosecution. (Dkt. 31).
On December 30, 2025, Plaintiff filed his objections. (Dkt. 34). In accordance with
28 U.S.C. § 636(b)(1)(C), this Court is required to “make a de novo determination of those
portions 	of 	the 	[magistrate 	judge’s] 	report 	or 	specified 	proposed 	findings 	or
recommendations to which objection [has been] made.” After conducting this de novo
review, the Court may “accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge.” Id.; see also FED. R. CIV. P. 72(b)(3).
The 	Court 	has 	carefully 	considered 	the 	objections, 	the 	Memorandum 	and
Recommendation, the pleadings, and the record. The Court ACCEPTS Judge Bennett’s
United States District Court
Southern District of Texas
ENTERED
January 20, 2026
Nathan Ochsner, Clerk
Case 4:25-cv-02276 Document 36 Filed 01/20/26 in TXSD Page 1 of 2

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Memorandum and Recommendation and ADOPTS it as the opinion of the Court. It is
therefore ORDERED that:
(1) 	Judge 	Bennett’s 	Memorandum 	and 	Recommendation 	(Dkt. 	31) 	is
APPROVED AND ADOPTED in its entirety as the holding of the Court;
and
(2) 	this matter is DISMISSED WITHOUT PREJUDICE.
It is so ORDERED.
Signed at Houston, Texas on January 20, 2026.
Case 4:25-cv-02276 Document 36 Filed 01/20/26 in TXSD Page 2 of 2