Bulfinch v. Montgomery County, Texas

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Case 4:25-cv-03457 Document66-~ Filed 07/14/26 in TXSD Page1of2
United States District Court

Southem District of Texas

ENTERED

UNITED STATES DISTRICT COURT July 14, 2026
SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk

HOUSTON DIVISION

TIMOTHY WINTON BULFINCH

AND BETTY JO MATHIS,
Plaintiffs,

Vv. Civil Action No. H-25-3457

MONTGOMERY COUNTY, TEXAS

ET AL.,
Defendants.

MMMM Mm MM MH Ww

ORDER ADOPTING RECOMMENDATION OF THE MAGISTRATE JUDGE

On June 23, 2026, Magistrate Judge Peter Bray
recommended that the court grant Defendants Montgomery County
and the Montgomery County Sheriff’s Motion to Dismiss,
Document No. 46. Judge Bray also granted Plaintiffs leave to
amend their complaint by July 2, 2026, as to Defendants Mary
Phillips and Deputy Ulises Garcia. Document No. 65 at 9-10.
Because Judge Bray granted leave to amend, he recommended
that the court deny as moot Phillips and Garcia’s Motion to
Dismiss, Document No. 55.

The parties were provided with notice and an opportunity
to object to the magistrate judge’s recommendations. No party
filed objections.

The court has reviewed the recommendation and finds no

error in law or fact. As to Defendants Montgomery County and

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

Case 4:25-cv-03457 Document66~ Filed 07/14/26 in TXSD Page 2 of 2

the Montgomery County Sheriff’s Motion to Dismiss, Document
No. 46, the court ADOPTS the Memorandum and Recommendation as
its Memorandum and Opinion. Plaintiffs’ claims against
Montgomery County and the Montgomery County Sheriff are
DISMISSED.

Plaintiffs failed to amend their complaint by the
deadline. Because Plaintiffs failed to amend, denying
Defendants Mary Phillips and Deputy Ulises Garcia’s Motion to
Dismiss would be improper. Thus, Phillips and Garcia’s motion
to dismiss, Document No. 55, remains pending and referred to
Judge Bray.

It is so ORDERED.

1H

SIGNED at Houston, Texas, on this day of July, 2025.

, JR.
S DISTRICT JUDGE

UNITED S