1:25-cv-00207•Benavides v. Venegas et al
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1 / 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS BROWNSVILLE DIVISION ERNESTO BENAVIDES, JR., Plaintiff, VS. § § § § § § § § § CIVIL ACTION NO. 1:25-CV-207 RAMON VENEGAS, et al., Defendants. ERNESTO BENAVIDES, JR., Petitioner, VS. § § § § § § § § § CIVIL ACTION NO. 1:25-CV-210 ERIC GUERRERO, Respondent. ERNESTO BENAVIDES, JR., Petitioner, VS. § § § § § § § § § CIVIL ACTION NO. 1:25-CV-367 RAMON VENEGAS, et al., Defendants. ERNESTO BENAVIDES, JR., Petitioner, VS. § § § § § § § § § CIVIL ACTION NO. 1:26-CV-464 RAMON VENEGAS, et al., Defendants. Case 1:25-cv-00207 Document 48 Filed 07/31/26 in TXSD Page 1 of 3
2 / 3 ORDER Ernesto Benavides Jr. has filed four separate causes regarding the revocation of his parole. Three of the cases (Civil Action Nos. 1:25-cv-207, 1:25-cv-367 1:25-cv-464) are prisoner civil rights cases, while the fourth (Civil Action No. 1:25-cv-210) is a petition for writ of habeas corpus under 28 U.S.C. § 2254. A United States Magistrate Judge consolidated all four cases because they involved common issues of law and fact. The Magistrate Judge then issued a Report and Recommendation, which recommends that the Court deny the habeas petition and dismiss the civil rights claims without prejudice under Heck v. Humphrey, 512 U.S. 477, 486-87 (1994). (R&R, Doc. 41) Benavides timely objected to the Report and Recommendation. (Objs., Doc. 46) The Court affords de novo review to the portions of the Report and Recommendation to which Benavides objected. FED. R. CIV. P. 72(b)(3). In his objections, Benavides does not specifically identify the portions of the Report and Recommendation that he challenges. Out of an abundance of caution, the Court affords de novo review to the entirety of the Report and Recommendation. Having conducted that review, and based on the record and the applicable law, the Court concludes that Benavides is not entitled to any relief. Accordingly, Petitioner/Plaintiff Ernesto Benavides’s objections to the Report and Recommendation are OVERRULED and the Court ADOPTS the Report and Recommendation (Doc. 41). It is: ORDERED that Petitioner Ernesto Benavides’s Petition Under 28 U.S.C. § 254 for Writ of Habeas Corpus by a Person in State Custody (Doc. 32) is DENIED; and ORDERED that Plaintiff Ernesto Benavides’ remaining causes of action are DISMISSED WITHOUT PREJUDICE for failure to state a claim upon with relief can be granted pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) until such time as the Heck conditions regarding the underlying state conviction or the challenge to parole revocation are met. Case 1:25-cv-00207 Document 48 Filed 07/31/26 in TXSD Page 2 of 3
3 / 3 This is a final and appealable order. The Clerk of Court is directed to close each of these cases. Signed on July 31, 2026. ____________________________ Fernando Rodriguez, Jr. United States District Judge Case 1:25-cv-00207 Document 48 Filed 07/31/26 in TXSD Page 3 of 3
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