Larraga v. Collier et al

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No. 6:25-cv-00231
Javier Eduardo Larraga,
Plaintiff,
v.
Bryan Collier et al.,
Defendants.
O R D E R
Plaintiff, a prisoner within the Texas Department of Criminal
Justice proceeding pro se and in forma pauperis, brought this ac-
tion under 42 U.S.C. § 1983. Doc. 1. Defendants moved to dismiss
plaintiff’s complaint under Federal Rules of Civil Procedure
12(b)(1) and 12(b)(6). Doc. 8 at 1. The case was referred to a mag-
istrate judge, who issued a report recommending that the court
grant defendants’ motion in part. Doc. 16 at 21–22. Specifically,
the report recommended dismissing all claims except for plain-
tiff’s claim of excessive force against defendant LaMorris Mar-
shall. Id. Plaintiff acknowledged receipt of the report on January
13, 2026. Doc. 18. Neither party has filed written objections.
When there have been no timely objections to a report, “the
court need only satisfy itself that there is no clear error on the face
of the record.” Fed. R. Civ. P. 72(b), advisory committee’s notes
to 1983 amendment. Having reviewed the record and being satis-
fied that there is no clear error, the court accepts the report’s find-
ings and recommendations. Plaintiff’s claims for monetary dam-
ages against all defendants in their official capacities are dismissed
without prejudice. Plaintiff’s claim of excessive force against de-
fendant Marshall remains pending before the court. All other
claims are dismissed with prejudice for failure to state a claim
upon which relief may be granted.
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So ordered by the court on February 9, 2026.
J. CAM PB EL L BA RK ER
United States District Judge
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