Reported / Citable
Background
Guillermo Perez-Vertiz filed a complaint against Jewel Thurman 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 September 10, 2026, the magistrate judge issued proposed findings and recommended dismissing the complaint without prejudice and dismissing Perez-Vertiz’s motion to appoint counsel as moot. No timely objections were filed.
The Court’s Holding
District Judge Sean D. Jordan concluded that the magistrate judge’s findings and conclusions were correct and adopted the report and recommendation as the court’s own findings and conclusions.
The court dismissed Perez-Vertiz’s complaint without prejudice. It also dismissed his motion to appoint counsel as moot.
Key Takeaways
- The court adopted the magistrate judge’s report after no timely objections were filed.
- The complaint was dismissed without prejudice.
- The motion to appoint counsel was dismissed as moot.
Why It Matters
The order ends the action without an adjudication on the merits reflected in this opinion. Because the complaint was dismissed without prejudice, the order does not itself impose a dismissal with prejudice.