Reported / Citable
Background
Plaintiff David Damas brought an action against Texas Health Flower Mound and other defendants in the Eastern District of Texas. The matter was referred to a U.S. magistrate judge under 28 U.S.C. § 636.
On August 17, 2026, the magistrate judge recommended granting Texas Health Flower Mound’s motion to dismiss, denying two motions filed by Damas, and dismissing the case without prejudice. No party objected to the report and recommendation.
The Court’s Holding
District Judge Amos L. Mazzant concluded that the magistrate judge’s findings and conclusions were correct and adopted the report and recommendation as the findings and conclusions of the court.
The court granted Texas Health Flower Mound’s motion to dismiss and denied Damas’s motion seeking to proceed with the case and obtain a defendant deposition. It also denied his opposition and continuation motion and dismissed the case without prejudice.
Key Takeaways
- The court adopted the magistrate judge’s unopposed report and recommendation.
- Texas Health Flower Mound’s motion to dismiss was granted, while both of Damas’s motions were denied.
- The dismissal was without prejudice.
Why It Matters
The decision ends this action without a merits-preclusive dismissal. Because the brief memorandum adopts the magistrate judge’s report without describing its underlying reasoning, the opinion itself does not establish a broader substantive rule.