MacKenzie et al v. City of Los Fresnos Police Department et al

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 11 Report and Recommendations (Signed by Judge Fernando Rodriguez, Jr) Parties notified.(rnieto, 1)

Case 1:21-cv-00163 Document 16 Filed on 01/10/22 in TXSD Page 1 of 1
United States District Court

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
JULIETA VASQUEZ MACKENZIE, et al.,

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Plaintiffs,
VS.
CITY OF LOS FRESNOS POLICE
DEPARTMENT, et al.,
Defendants.

Southern District of Texas

ENTERED
January 10, 2022
Nathan Ochsner, Clerk

CIVIL ACTION NO. 1:21-CV-163

ORDER
On October 21, 2021, Plaintiff Julieta Vasquez MacKenzie filed this lawsuit against the city
of Los Fresnos Police Department and Officer Aaron Villarreal (Doc. 1), alleging that Villarreal’s
wrongful use of a radar gun caused lazar-burn damage to her eyes and brain tissue. Her husband,
Kenneth MacKenzie, filed the Complaint on her behalf and applied to proceed in forma pauperis.
(Motion, Doc. 2) The Complaint is signed only by Mr. MacKenzie, who is not a licensed attorney.
The Magistrate Judge ordered Mrs. MacKenzie to file an amended complaint to either proceed
pro se or be represented by a licensed attorney. (Order, Doc. 7) As of today’s date, Mrs.
MacKenzie has not complied with that Order.
In December 2021, the Magistrate Judge recommended that Mrs. MacKenzie’s suit be
dismissed without prejudice for want of prosecution. (R&R, Doc. 11) No party filed objections to
the Report and Recommendation, and the Court finds no clear error within it.
As a result, the Court ADOPTS the Report and Recommendation (Doc. 11). It is:
ORDERED that Plaintiff Julieta Vasquez MacKenzie’s causes of action against the City
of Los Fresnos Police Department and Officer Aaron Villarreal (Doc. 1) are DISMISSED
WITHOUT PREJUDICE.
Signed on January 10, 2022.
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Fernando Rodriguez, Jr.
United States District Judge
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