Garces v. Smith et al
| Matthew Andrew Garces |
| Josh Smith, John Doe Marshal 1, John Doe Marshals 2-5 and Ronald Davis |
| 5:2025cv00607 |
| June 2, 2025 |
| U.S. District Court for the Western District of Texas |
| Xavier Rodriguez |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 7, 2025. A more recent docket listing may be available from PACER.
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Filing 15
ORDER--For the foregoing reasons, Plaintiff Matthew Andrew Garcess Motion to Proceed In Forma Pauperis (ECF No. 1) is GRANTED. It is FURTHER ORDERED that Plaintiffs claims and this case are DISMISSED WITHOUT PREJUDICE.Ordinarily, a pro se litigant should be offered an opportunity to amend his complaint before it is dismissed. Rule 15(a) provides that leave to amend shall be freely given when justice so requires. The language of this rule evinces a bias in favor of granting leave to amend. Granting leave to amend, however, is not required if the plaintiff has already pleaded [his] best case. Wiggins v. Louisiana State Univ.-Health Care Servs. Div., 710 F. Appx 625, 627 (5th Cir. 2017) (citations omitted). Here, the filing of any amended complaint would be futile.. Signed by Judge Xavier Rodriguez. (vnd)
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| Filing 14 OBJECTIONS TO THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION (DKT. 12) AND EMERGENCY MOTION TO STAY PROCEEDINGS by Matthew Andrew Garces. (vl) |
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Filing 13
ORDER RETURNING CASE TO DISTRICT COURT, CASE NO LONGER REFERRED to Magistrate Judge Henry J. Bemporad. Signed by Judge Henry J. Bemporad. (vnd)
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| Filing 12 REPORT AND RECOMMENDATIONS re #1 Motion to Proceed in forma pauperis filed by Matthew Andrew Garces. Signed by Judge Henry J. Bemporad. (vnd) |
| Filing 11 PRO SE LITIGANTS EMERGENCY OBJECTION TO MAGISTRATE JUDGE BEMPORADS AUGUST 11, 2025 TEXT ORDER DENYING MOTION TO LIFT STAY (vl) |
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Text Order DENYING #10 Motion to Lift Stay entered by Judge Henry J. Bemporad. The request to lift the stay in this case is DENIED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (HJB)
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| Filing 10 Emergency Objection to Judge Rodriguez's July 22, 2025 Text Order and MOTION to Lift Stay by Matthew Andrew Garces.. Motions referred to Judge Henry J. Bemporad. (vl) |
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Filing 9
ORDER GRANTING #2 Pro Se Motion for Permission to file Electronically Signed by Judge Henry J. Bemporad. (vl)
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Text Order DENYING #6 Motion for Recusal entered by Judge Xavier Rodriguez. Under 28 U.S.C. 455(a), recusal is not warranted. A reasonable and objective person would not harbor doubts concerning Magistrate Judge Bemporad's impartiality in this case.See United States v. Rhodes, 332 F. Supp. 2d 965, 967 (N.D. Tex. 2004) ("Judicial rulings alone almost never constitute a valid basis for a bias or partiality motion," "[a] court should not allow 455(a) to be used as a vehicle for an attorney to pick and choose the judge who will preside over a case he is handling," and "the statute [does not] require recusal on a mere unsubstantiated suggestion of personal bias or prejudice." (citations omitted)). (This is a text-only entry generated by the court. There is no document associated with this entry.) (mmlc)
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Text Order DENYING #8 Motion for TRO entered by Judge Xavier Rodriguez. As Judge Pulliam explained in an order denying Plaintiff's identical motion, "[t]he instant motion is utterly frivolous. While Rule 65 provides a means to enjoin action of adverse parties in litigation, it has no applicability to enjoin action by a Magistrate Judge assigned to the case." Garces v. Torrez et al., 25-CV-604 (ECF No. 17). Accordingly, "[t]he Court DENIES the motion and WARNS Plaintiff that should he persist with abusive or frivolous filings the Court may issue sanctions, up to and including dismissal of this case, requiring a monetary sanction payable to the Court, and/or issuing an appropriate, pre-filing injunction relative to this case or to litigation in the Western District of Texas." Id. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cwlc)
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| Filing 8 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction by Matthew Andrew Garces.. Motions referred to Judge Henry J. Bemporad. (vl) |
| Filing 7 SUPPLEMENT to #6 MOTION for Recusal by Matthew Andrew Garces. (vl) |
| Motions No Longer Referred: #6 MOTION for Recusal (mgr) |
| Filing 6 MOTION for Recusal of Magistrate Judge Henry J. Bemporad by Matthew Andrew Garces. (Attachments: #1 Exhibit F, #2 Exhibit G). . (vl) Modified on 7/23/2025, to remove referred motion (mgr). |
| Filing 5 ADVISORY TO THE COURT by Matthew Andrew Garces. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(vl) |
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Filing 4
ORDER STAYING CASE--It is ORDERED that all proceedings in this case are STAYED pending the District Court's consideration of the undersigned's June 4, 2024, Report and Recommendation in Garces v. Rossback, et al. SA-25-cv-441-JKP. Signed by Judge Henry J. Bemporad. (Attachments: #1 Report and Recommendation)(bt)
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| Filing 3 Case Opening Letter TO Matthew Andrew Garces. (dtg) |
| Filing 2 Pro Se MOTION for Permission to file Electronically by Matthew Andrew Garces. Motions referred to Judge Henry J. Bemporad. (dtg) |
| Filing 1 MOTION to Proceed in forma pauperis by Matthew Andrew Garces. (Attachments: #1 Proposed Complaint, #2 Civil Cover Sheet, #3 Proposed Summons). Motions referred to Judge Henry J. Bemporad. (dtg) |
| CASE REFERRED to Magistrate Judge Henry J. Bemporad. (dtg) |
| THIS CASE HAS BEEN RANDOMLY ASSIGNED TO JUDGE XAVIER RODRIGUEZ. (dtg) |
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