govinfo:USCOURTS-txwd-5_23-cv-01416-3

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION
MARIA ELENA OCHOA, SHAINA §
RICKS, MARY RICKS, and FAIR §
HOUSING COUNCIL OF SOUTH §
TEXAS, §
§
Plaintiffs, §
§
V. § CIVIL ACTION NO. SA-23-cv-01416-FB-RBF
§
D.R. HORTON, INC., and §
CONTINENTAL HOMES OF §
TEXAS, L.P., §
§
Defendants. §
ORDER ACCEPTING REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
Before the Court is the Report and Recommendation of United States Magistrate Judge (ECF
No. 84) concerning the Motion to Dismiss the Complaint of Plaintiff Maria Ochoa as Personal
Representative of the Estate of Vincente Ochoa, Deceased (ECF No. 59). To date, no objections to
the Report and Recommendation have been received.1 
Because no party has objected to the Magistrate Judge's Report and Recommendation, the Court
need not conduct a de novo review. See 28 U.S.C. § 636(b)(1) ("A judge of the court shall make a de
novo determination of those portions of the report or specified proposed findings and recommendations
to which objection is made."). The Court has reviewed the Report and Recommendation and finds its
reasoning to be neither clearly erroneous nor contrary to law. United States v. Wilson, 864 F.2d 1219,
1221 (5th Cir.), cert. denied, 492 U.S. 918 (1989). 
1 Any party who desires to object to a Magistrate's findings and recommendations must serve and file his, her or its written objections
within fourteen days after being served with a copy of the findings and recommendation. 28 U.S.C. § 635(b)(1). If service upon a party is made by
mailing a copy to the party’s last known address, “service is complete upon mailing.” FED. R. CIV. P. 5(b)(2)(C). If service is by electronic means,
“service is complete upon transmission.” Id. at (E). 

IT IS THEREFORE ORDERED that the Report and Recommendation of United States
Magistrate Judge (ECF No. 84) is ACCEPTED pursuant to 28 U.S.C. § 636(b)(1) such that Defendants’
Motion to Dismiss the Complaint of Plaintiff Maria Ochoa as Personal Representative of the Estate of
Vincente Ochoa, Deceased (ECF No. 59) is DENIED.
It is so ORDERED.
SIGNED this 5th day of June, 2026. 
 _________________________________________________
 FRED BIERY
 UNITED STATES DISTRICT JUDGE
 
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