Opinion
Civil Action 2:20-CV-216
03-24-2022
JOSEPH P. GARBARINI, Plaintiff, v. JANAS RANGEL, et al., Defendants.
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
DAVID S. MORALES, UNITED STATES DISTRICT JUDGE.
Before the Court is Magistrate Judge Julie K. Hampton's Memorandum and Recommendation ("M&R"), entered on January 12, 2022. (D.E. 72). The M&R recommends that the Court grant Defendants Angel Janas, Victor Quiroga, and Evelyn Castro's motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1). Id. Plaintiff timely filed objections to the M&R on February 17, 2022. (D.E. 74).
Having carefully reviewed the proposed findings and conclusions of the M&R, the record, the applicable law, and having made a de novo review of the portions of the M&R to which Plaintiffs objections were directed, 28 U.S.C. § 636(b)(1), the Court OVERRULES Plaintiffs objections in their entirety. (D.E. 74, p. 1-5). Accordingly, the Court:
(1) ADOPTS the M&R. (D.E. 72).
(2) Plaintiff s second amended complaint (D.E. 56) is DISMISSED without prejudice, as the Court lacks subject matter jurisdiction to grant Plaintiffs claim for injunctive and declaratory relief pursuant to 28 U.S.C. § 1983. See In re Great Lakes Dredge & Dock Co., LLC, 624 F.3d 201, 209 (5th Cir. 2010).
A final judgment will be entered separately.
SO ORDERED.