Reported / Citable
Background
Dr. Robert M. Lavinsky sued the United States on behalf of U.S. Immigration and Customs Enforcement and Homeland Security Investigations in the Eastern District of Texas.
The matter was referred to a magistrate judge under 28 U.S.C. § 636. On August 12, 2026, the magistrate judge recommended granting the government’s motion to dismiss for lack of subject-matter jurisdiction and dismissing the case without prejudice. Lavinsky objected on August 26, 2026.
The Court’s Holding
District Judge Amos L. Mazzant conducted a de novo review of the report and recommendation and Lavinsky’s objection. The court found the magistrate judge’s findings and conclusions correct and adopted them as the court’s own.
The court granted the United States’ motion to dismiss for lack of subject-matter jurisdiction and dismissed the action without prejudice.
Key Takeaways
- The court adopted the magistrate judge’s recommendation after de novo review of the objection.
- The dismissal rested on lack of subject-matter jurisdiction.
- The dismissal was without prejudice.
Why It Matters
The order ends this federal action without reaching the merits. Because the dismissal was without prejudice, it does not itself bar a later action in a court with jurisdiction or after any jurisdictional defect is addressed.