govinfo:USCOURTS-txed-4_25-cv-01443-1

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No. 4:25-cv-01443 
Attiyyeh Farhadinia, 
Plaintiff, 
v. 
U.S. Department of State et al., 
Defendants. 
O R D E R 
Plaintiff filed this action seeking to compel action on her fa-
ther’s I-130 visa petition. Doc. 3. Defendant moved to dismiss the 
complaint. Doc. 13. The case was referred to a magistrate judge, 
who issued a report recommending that defendants’ motion to 
dismiss be granted and that the complaint be dismissed without 
prejudice for lack of subject -matter jurisdiction. Doc. 16. Plaintiff 
filed written objections. Doc. 18. 
The court reviews the objected -to portions of a magistrate 
judge’s report and recommendation de novo. 28 U.S.C. 
§ 636(b)(1)(C); Fed. R. Civ. P. 72(b)(3). “Parties filing objections 
must specifically identify those findings objected to. Frivolous, 
conclusive, or general objections need not be considered by the 
district court.” Nettles v. Wainwright , 677 F.2d 404, 410 n.8 (5th 
Cir. Unit B 1982) (en banc), overruled on other grounds by Douglass 
v. United Servs. Auto. Ass’n , 79 F.3d 1415 (5th Cir. 1996) (en banc). 
Furthermore, a party’s entitlement to de novo review does not en-
title it to raise arguments that were not presented to the magis-
trate judge without a compelling reason . See Cupit v. Whitley , 28 
F.3d 532, 535 & n.5 (5th Cir. 1994). 
Plaintiff’s objections do not address or dispute the finding in 
the report that her lawsuit is now moot following a January 29, 
2026 decision on her father’s visa application. Instead, for the 
first time, plaintiff challenges the basis for the denial of th e visa. 
Doc. 18 at 1 –2. These arguments were not raised in response to PageID #: 
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the motion to dismiss , and a plaintiff is not entitled to raise new 
arguments in the written objections. 
Having reviewed the report and being satisfied that there is no 
error, the court overrules plaintiff’s objections and accepts the re-
port’s findings and recommendation. The court grants defend-
ants’ motion to dismiss (Doc. 13) and dismisses the action without 
prejudice for lack of subject -matter jurisdiction. Any pen ding mo-
tions are denied as moot . 
So ordered by the court on June 9, 2026 . 
 
 J. CAMPBELL BARKER 
United States District Judge PageID #: 
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