Ortiz-Sanchez et al v. Steidel-Figueroa et al, No. 3:2021cv01433 - Document 87 (D.P.R. 2023)

Court Description: OPINION AND ORDER granting: 86 Report and Recommendation. Signed by Judge Maria Antongiorgi-Jordan on 10/12/2023. (ao)

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Ortiz-Sanchez et al v. Steidel-Figueroa et al Doc. 87 Case 3:21-cv-01433-MAJ Document 87 Filed 10/12/23 Page 1 of 2 THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO MARITZA ORTIZ-SANCHEZ, et al., Plaintiffs, v. Civ. No. 21-01433 (MAJ) SIGFRIDO STEIDEL-FIGUEROA, et al., Defendants. OPINION AND ORDER Before the Court is a Report and Recommendation ("R & R") issued by Magistrate Judge Bruce J. McGiverin, (ECF No. 86) recommending the Court grant Defendants’ Motions to Dismiss. (ECF Nos. 32, 41, 42). The R & R was issued on September 26, 2023, and objections were due by October 11, 2023. No objections have been filed. After reviewing the R & R, and all the pleadings on the record, the Court finds the R & R well-reasoned, grounded in fact and law, and free of “plain error.” See M. v. Falmouth School Department, 847 F.3d 19, 25 (1st Cir. 2017) (“Absent objection ... a district court has a right to assume that the affected party agrees to the magistrate's recommendation.”) (cleaned up); Nogueras-Cartagena v. United States, 172 F.Supp.2d 296, 305 (D.P.R. 2001) (“Court reviews [unopposed] Magistrate's Report and Recommendation to ascertain whether or not the Magistrate's recommendation was clearly erroneous.”). Accordingly, the Court ACCEPTS and ADOPTS the R & R in its entirety. Dockets.Justia.com Case 3:21-cv-01433-MAJ Document 87 Filed 10/12/23 Page 2 of 2 Civ. No. 21-01433 (MAJ) Page 2 IT IS HEREBY ORDERED: 1. Defendants' Motions to Dismiss (ECF Nos. 32, 41, 42) are GRANTED. 2. Plaintiffs’ Section 1983 and supplemental state claims against RosaPimentel, her spouse, and their conjugal partnership are DISMISSED with prejudice. 3. Plaintiffs’ Section 1983 claims against Steidel-Figueroa and Villares are DISMISSED with prejudice. 4. Plaintiffs’ supplemental state claims against Steidel-Figueroa and Villares are DISMISSED without prejudice. IT IS SO ORDERED. In San Juan, Puerto Rico, this 12th day of October, 2023. S/ María Antongiorgi-Jordán MARÍA ANTONGIORGI-JORDÁN UNITED STATES DISTRICT JUDGE

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