govinfo:USCOURTS-txwd-1_24-cv-01376-1

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IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF TEXAS 
AUSTIN DIVISION 
 
EDELMIRO ESCOBEDO, JR., § 
 § 
 Plaintiff, § 
 § 
v. § 1:24-CV-1376-RP 
 § 
UNITED STATES OF AMERICA and § 
DEPARTMENT OF THE ARMY, § 
 § 
 Defendants. § 
 
ORDER 
Before the Court is the report and recommendation from United States Magistrate Judge 
Susan Hightower concerning Plaintiff Edelmiro Escobedo, Jr.’s (“Plaintiff”) Motion to Vacate 
Dismissal and Reinstate Case, (Dkt. 11), and Motion for Appointment of Counsel, (Dkt. 14). (R. & 
R., Dkt. 15). Pursuant to 28 U.S.C. § 636(b) and Rule 1(d) of Appendix C of the Local Rules of the 
United States District Court for the Western District of Texas, Judge Hightower issued her report 
and recommendation on May 12, 2026. (Id.). As of the date of this order, no party has filed 
objections to the report and recommendation. 
Pursuant to 28 U.S.C. § 636(b), a party may serve and file specific, written objections to a 
magistrate judge’s proposed findings and recommendations within fourteen days after being served 
with a copy of the report and recommendation and, in doing so, secure de novo review by the 
district court. When no objections are timely filed, a district court can review the magistrate’s report 
and recommendation for clear error. See Fed. R. Civ. P. 72 advisory committee’s note (“When no 
timely objection is filed, the [district] court need only satisfy itself that there is no clear error on the 
face of the record in order to accept the recommendation.”). 

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Because no party has filed timely objections, the Court reviews the report and 
recommendation for clear error. Having done so and finding no clear error, the Court accepts and 
adopts the report and recommendation as its own order. 
Accordingly, the Court ORDERS that the Report and Recommendation of the United 
States Magistrate Judge, (Dkt. 15), is ADOPTED. 
IT IS ORDERED that Plaintiff’s Motion to Vacate Dismissal and Reinstate Case, (Dkt. 
11), is DENIED. 
IT IS FINALLY ORDERED that Plaintiff’s Motion for Appointment of Counsel, (Dkt. 
14), is DISMISSED AS MOOT. 
SIGNED on June 17, 2026. 
 
 
ROBERT PITMAN 
UNITED STATES DISTRICT JUDGE 
 
 
 
 
 

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