Ye v. Rivas

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
JIANFEI YE,
Plaintiff,
versus
MILTON E. RIVAS,
Defendant.
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CIVIL ACTION NUMBER
4:25-cv-05432
JUDGE CHARLES ESKRIDGE
ORDER ADOPTING
MEMORANDUM AND RECOMMENDATION
Plaintiff Jianfei Ye proceeds here pro se. Plaintiff filed
this lawsuit, asserting claims against Defendant Milton E.
Rivas for violations of the Fair Housing Act, defamation,
and intentional infliction of emotional distress. See Dkt 1
at 3–4. He also filed a motion to proceed in forma pauperis.
Dkt 2.
The matter was referred to Magistrate Judge Yvonne
Y. Ho. Dkt 16. Pending is her recommendation that (i) the
motion by Plaintiff to proceed in forma pauperis be denied,
(ii) the case dismissed, and (iii) all other pending motions
be denied as moot. Dkt 18.
Plaintiff filed objections, which were construed
leniently given his pro se status. Dkt 21. It appeared that
Plaintiff sought to assert new allegations, which might
counsel a different result with respect to assessment of his
potential claims in this matter.
Plaintiff was thus given a final opportunity to amend
his complaint by July 27, 2026. Dkt 25. He was warned
that failure to comply would result in adoption of the
pending Memorandum and Recommendation, along with
dismissal without prejudice. Id at 2.
United States District Court
Southern District of Texas
ENTERED
July 29, 2026
Nathan Ochsner, Clerk
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Plaintiff failed to file an amended complaint.
The Memorandum and Recommendation of the
Magistrate Judge is ADOPTED as the Memorandum and
Order of this Court. Dkt 18.
The motion by Plaintiff Jianfei Ye to proceed in forma
pauperis is DENIED. Dkt 2.
This action is DISMISSED WITHOUT PREJUDICE.
A final judgment will issue by separate order.
SO ORDERED.
Signed on July 29, 2026, at Houston, Texas.
___________________________
Honorable Charles Eskridge
United States District Judge
Case 4:25-cv-05432 Document 26 Filed 07/29/26 in TXSD Page 2 of 2