Allen v. Crow et al

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Case 2:24-cv-00225
Document 69 Filed 12/04/25 in TXSD
Page 1 of 2 United States District Court Southern District of Texas
ENTERED
December 05, 2025 Nathan Ochsner, Clerk
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION
DANNY ALLEN,
Plaintiff,
V.
§
CIVIL ACTION NO. 2:24-CV-00225
MICHAEL CROW, et al.,
Defendants.
ORDER ADOPTING MEMORANDUM & RECOMMENDATION
Before the Court is Magistrate Judge Jason Libby's Memorandum and Recommendation ("M&R"). (D.E. 62). The M&R recommends that the Court deny Defendant Crow's motion to dismiss with on the issue of standing, but grant the motion to dismiss with prejudice with respect to the merits of Plaintiff's Fourteenth Amendment claim against Defendant Crow in his individual capacity. Id. at 17.
The parties were provided proper notice of, and the opportunity to object to, the Magistrate Judge's M&R. See 28 U.S.C. § 636(b)(1); FED. R. CIv. P. 72(b); General Order No. 2002-13. No objection has been filed. When no timely objection has been filed, the district court need only determine whether the Magistrate Judge's M&R is clearly erroneous or contrary to law. United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989) (per curiam); Powell v. Litton Loan Servicing, L.P., No. 4:14-CV-02700, 2015 WL 3823141, at *1 (S.D. Tex. June 18, 2015) (Harmon, J.) (citation omitted).
Having reviewed the proposed findings and conclusions of the Magistrate Judge, the filings of the parties, the record, and the applicable law, and finding that the M&R is not clearly erroneous or contrary to law, the Court ADOPTS the M&R in its entirety. (D.F. 62). Accordingly, the Court
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AUTHENTICATED U.S. GOVERNMENT INFORMATION GPO

Case 2:24-cv-00225 Document69_ Filed 12/04/25 in TXSD = Page 2 of 2

DENIES Defendant’s motion on the issue of standing, but GRANTS Defendant’s motion on the
merits and DISMISSES with prejudice Plaintiff's Fourteenth Amendment against Defendant
Crow in his individual capacity. (D.E. 46). The only remaining claims are those against the

unidentified and unserved Lt. Jane Doe defendant.

SO ORDERED.

DAWD§. MORALES
UNITED STATES DISTRICT JUDGE

Signed: Corpus Christi, Texas
December G* 2025

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