Ramirez v. United States of America

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
LAREDO DIVISION
ERNESTO ALONZO RAMIREZ 	§
§
§
§
§
VS.
UNITED STATES OF AMERICA
CIVIL ACTION NO. 5:25-cv-167
ORDER ADOPTING REPORT AND RECOMMENDATION
The Court referred Plaintiff’s Application to Proceed in District Court Without
Prepaying Fees and Costs to United States Magistrate Judge Brian C. Bajew (Dkt. No.
8). Judge Bajew found that Plaintiff offered the Court material discrepancies between his
application and his prisoner’s trust fund account (Dkt. No. 22 at 3). Judge Bajew
recommended denial of Plaintiff’s application and sua sponte dismissal of this civil action
(Dkt. No. 22 at 3). Judge Bajew’s Report and Recommendation was mailed to Plaintiff at
this last known address (Dkt. No. 23). The fourteen-day objection period has lapsed;
Defendant filed a statement of no objection, and Plaintiff did not object (see Dkt. No. 24).
See 28 U.S.C. § 636(b)(1).
Pursuant to Federal Rule of Civil Procedure 72(b), the Court reviewed the Report
and Recommendation for clear error. CGI Logistics, LLC v. Fast Logistik, No. 5:23-CV-
43, 2023 WL 8313341, at *2 (S.D. Tex. Dec. 1, 2023) (Garcia Marmolejo, J.) (citing United
States v. Soto, 734 F. App’x 258, 259 (5th Cir. 2018)); see also Cao v. BSI Fin. Servs., Inc.,
858 F. App’x 156, 158 (5th Cir. 2021). Finding none, the Court hereby ADOPTS IN
WHOLE Judge Bajew’s Report and Recommendation (Dkt. No. 22).
Accordingly, 	Plaintiff’s 	Application 	to 	Proceed 	in 	District 	Court 	Without
Prepaying Fees and Costs is DENIED (Dkt. No. 6). The Court sua sponte DISMISSES
WITHOUT PREJUDICE this civil action pursuant to Nottingham v. Warden, Bill
United States District Court
Southern District of Texas
ENTERED
July 07, 2026
Nathan Ochsner, Clerk
Case 5:25-cv-00167 Document 25 Filed 07/07/26 in TXSD Page 1 of 2

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Clements Unit, 837 F.3d 438, 441 (5th Cir. 2016). Defendant’s Motion for Summary
Judgment is DENIED AS MOOT (Dkt. No. 2). Plaintiff’s Motion for Appointment of
Counsel is DENIED AS MOOT (Dkt. No. 11).
The Clerk of Court is DIRECTED to TERMINATE this civil action.
It is so ORDERED.
SIGNED July 7, 2026.
___________________________________
Marina Garcia Marmolejo
United States District Judge
Case 5:25-cv-00167 Document 25 Filed 07/07/26 in TXSD Page 2 of 2