Barrientos v. Zapata County et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
LAREDO DIVISION
RIGOBERTO BARRIENTOS,
Plaintiff,
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v. 	CIVIL ACTION NO. 5:23-CV-68
ZAPATA COUNTY, et al.,
Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
Before the Court is the Report and Recommendation of the United States
Magistrate Judge, (Dkt. No. 69), pertaining to Plaintiff’s Motion for Leave to File Third
Amended Complaint, (Dkt. No. 62). Plaintiff seeks “leave to amend narrowly to add a
supplemental state-law tort claim for false arrest/false imprisonment under Texas
common law.” (Id. at 1). The Court referred the motion to the Magistrate Judge for a
report and recommendation. (Dkt. No. 68).
In her report and recommendation, Magistrate Judge Song Quiroga recommends
that Plaintiff’s Motion for Leave to File Third Amended Complaint, (Dkt. No. 62), be
DENIED. (Dkt. No. 69 at 5). Objections to the report and recommendation were due on
December 18, 2025, (Id. at 6), and no objections were filed by any party. Given that there
are no objections, pursuant to Federal Rule of Civil Procedure 72(b)(1), the Court
reviewed the report and recommendation and applied the “clearly erroneous, abuse of
discretion and contrary to law” standard of review. United States v. Wilson, 864 F.2d
1219, 1221 (5th Cir. 1989).
Finding no abuse of discretion or clearly erroneous findings, the Court hereby
ADOPTS IN WHOLE the report and recommendation, (Dkt. No. 69). Plaintiff’s Motion
for Leave to File Third Amended Complaint, (Dkt. No. 62), is DENIED.
It is so ORDERED.
United States District Court
Southern District of Texas
ENTERED
December 30, 2025
Nathan Ochsner, Clerk
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SIGNED on December 30, 2025.
John A. Kazen
United States District Judge
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