Opinion
Civil Action No. 1:17-cv-00158
01-31-2018
JUAN CARLOS GARZA, et al., Plaintiffs, v. JANIE BENNETT, et al., Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE
Before this Court is Juan Carlos Garza and Yolanda N. Lopez-Saldivar's (hereafter, collectively known as "Plaintiffs") "Petitioner's [sic] Assertion of Jurisdiction" (Docket No. 32); Janie Bennett, Norma A. Limon, Rex Tillerson, Ellaine Duke, Jeff Sessions, and the United States of America's (hereafter, collectively known as "Defendants") "Defendants' Reply to Plaintiffs' Response to the Court's August 21, 2017 Order" (Docket No. 33); and the "Report and Recommendation of the Magistrate Judge" (Docket No. 34) (hereafter "R&R").
The deadline to file written objections to the R&R (Docket No. 34) was November 13, 2017; no objections were filed on, or before said deadline. On January 2, 2018, Plaintiffs filed their "Opposed Motion for Leave to File Out of Time their Objections to U.S. Magistrate's Report and Recommendation" (Docket No. 36) (hereafter "Opposed Motion for Leave"). On January 18, 2018, a telephonic conference was held and after hearing the parties' arguments, the Court DENIED Plaintiffs' Opposed Motion for Leave. Consequently, Plaintiffs' objections to the R&R (Docket No. 34) were not considered in this Court's review of the record.
After a do novo review of the record, the R&R (Docket No. 34) is hereby ADOPTED. Plaintiffs' claims against Defendants are DISMISSED without prejudice for lack of jurisdiction. The Clerk of the Court is ORDERED to close this case.
Signed on this 31st day of January, 2018.
/s/_________
Rolando Olvera
United States District Judge