Shumaker v. Villarreal et al

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 17 Report and Recommendations It is: ORDERED that Plaintiff Patrick Leonel Schumaker's cause of action under 42 U.S.C. 1983 are DISMISSED WITHOUT PREJUDICE. (Signed by Judge Fernando Rodriguez, Jr) Parties notified. (jmt1)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
PATRICK LEONEL SHUMAKER,
Plaintiff,
VS.
ALONZO VILLARREAL, et al.,
Defendants.

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January 07, 2025
Nathan Ochsner, Clerk

CIVIL ACTION NO. 1:24-CV-162

ORDER ADOPTING REPORT AND RECOMMENDATION
In November 2024, Plaintiff Patrick Leonel Shumaker filed this lawsuit against
Defendants Alonzo Villarreal and Hector Villarreal for alleged harassment and intimidation in
response to Shumaker reporting alleged violations of Occupational Safety and Health
Administration regulations. Shumaker initially alleged claims under 18 U.S.C. § 2333 and 18
U.S.C. § 1514. (Compl., Doc. 1) A United States Magistrate Judge found the Complaint deficient
to state a claim for relief and ordered Shumaker to file an amended pleading. (Order, Doc. 8)
Shumaker filed an Amended Complaint, alleging claims solely under 42 U.S.C. § 1983. (Am.
Compl., Doc. 10)
A Magistrate Judge, reviewing Shumaker’s claims under Section 1983, and based on the
record and the applicable law, recommends that the Court dismiss the causes of action without
prejudice for lack of subject matter jurisdiction. (R&R, Doc. 17)
No party filed objections to the Report and Recommendation, and the Court finds no clear
error within it. See FED. R. CIV. P. 72(b), Advisory Comm. Note (1983) (“When no timely objection
is filed, the court need only satisfy itself that there is no clear error on the face of the record in
order to accept the recommendation.”).
As a result, the Court ADOPTS the Report and Recommendation (Doc. 17). It is:

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ORDERED that Plaintiff Patrick Leonel Shumaker’s causes of action under 42 U.S.C.
§ 1983 are DISMISSED WITHOUT PREJUDICE.
Signed on January 7, 2025.
____________________________
Fernando Rodriguez, Jr.
United States District Judge

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