Reported / Citable
Background
Heather Wolfe Guerra sued the City of Baytown Police Department and other defendants, including Officers Parker, Puga, and Street. The order addressed an unserved-defendants motion to dismiss and Officer Parker’s motion for summary judgment.
The court had referred both motions to Magistrate Judge Richard W. Bennett. On July 14, 2026, Judge Bennett recommended granting both motions and dismissing Guerra’s original petition without prejudice as to Baytown, Officer Puga, and Officer Street, and with prejudice as to Officer Parker.
The Court’s Holding
District Judge Keith P. Ellison adopted the report and recommendation in full. No party filed objections by the July 28 deadline, and the court reviewed the recommendation for clear error under Federal Rule of Civil Procedure 72(b).
Finding no clear error, the court granted the unserved defendants’ motion to dismiss and Parker’s motion for summary judgment. It dismissed the original petition without prejudice as to Baytown, Puga, and Street, and with prejudice as to Parker.
Key Takeaways
- The claims against Baytown, Officer Puga, and Officer Street were dismissed without prejudice.
- The claims against Officer Parker were dismissed with prejudice after summary judgment was granted.
- The district court adopted the magistrate judge’s recommendation after no objections were filed.
Why It Matters
The order ends the case against Parker on the merits while leaving Guerra able to pursue claims against Baytown, Puga, and Street only to the extent a dismissal without prejudice permits. It also illustrates the practical consequence of failing to object to a magistrate judge’s recommendation: the district court may review for clear error and adopt it in full.