Felix Recio, Jr.
How Judge Recio rules, drawn from 24 signed orders. Every observation links to the order it came from.
Judge Recio no longer sits on this court. This profile is preserved as a historical record of how they ruled here.
About Judge Recio
Felix Recio Jr. served as a United States Magistrate Judge in the Brownsville Division of the Southern District of Texas from 1999 to 2013. A Marine Corps veteran, he practiced law in Houston and worked in the federal public defender’s Brownsville office before joining the bench.
How Judge Recio decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Maldonado's age-discrimination case, Magistrate Judge Recio denied the employer's summary-judgment motion after finding a genuine fact dispute over whether the termination was a pretext for age discrimination.
“Specifically, the question of whether Mr. Maldonado was terminated due to his age is one in which there is a genuine issue of material fact sufficient for the Plaintiff to survive the current summary judgment motion.”
In Exel Bobbins and Plastic Components, Inc. v. JSW Plastics Machinery, Inc., Magistrate Judge Recio denied dismissal or transfer because the cited forum-selection clause belonged to a different contract.
“Defendant attempts to link a forum selection clause in an addendum to a similar, yet unrelated contract to the one at issue in this suit. ... there is insufficient evidence linking the January 30, 2001 contract, which the Plaintiff is suing on in this case, and a forum selection clause entered into by the parties in a similar contract.”
In Moreno v. City of Brownsville, Magistrate Judge Recio denied the officers’ qualified-immunity motion on several Fourth Amendment claims because disputed facts prevented treating their investigation as a hot pursuit.
“To rule in Defendants' favor as to this claim would in effect turn every police investigation into a hot pursuit. The Court respectfully declines such an invitation and rules that at the very least there is a genuine issue of material fact as to whether officers where in hot pursuit of Sanchez.”
Procedural preferences
In Bejaran's civil-rights case, Magistrate Judge Recio dismissed the plaintiff's claims after finding the pleadings did not state specific facts sufficient to overcome the defendants' qualified-immunity defense.
“Plaintiff has a heightened burden to plead specific facts defeating Defendant's qualified immunity from Section 1983 claims. ... Bejaran has not overcome the Defendants' assertion of qualified immunity, as is his burden.”
In Gomez's case, Magistrate Judge Recio dismissed for failure to prosecute after repeated warnings about deadlines and required filings, including a missed pretrial order.
“The Court has repeatedly warned Gomez that he must follow the applicable rules, comply with applicable deadlines, and timely prosecute his case. ... Gomez has failed to properly prosecute his lawsuit despite these repeated and detailed warnings.”
Cautions
In Seabulk Offshore Ltd. v. Oceanografia S.A., Magistrate Judge Recio denied a motion to set aside an entry of default because none had been entered, then addressed the pending default request after the defendants appeared.
“Court denies [19-1] motion to set aside entry of default (no default has been granted); Court requests that Mr. Yanez Osuna be present; The Court carries along motion Motion hearing set for 10:30 10/12/01 for [18-1] motion for entry of default and default judgment.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“ORDER granting [16-1] motion to dismiss Dft Union Standard Insurance Co., entered; Parties notified. ( signed by Magistrate Judge Felix Recio )”
“granting in part, denying in part [37-1] motion to compel responses, entered; ... Motions 46 and 47 to be Carried along with the trial.”
“ORDER denying 3 Motion for Temporary Restraining Order. (Signed by Judge Felix Recio) Parties notified.”
“ORDER denying 21 Motion for Summary Judgment and 12 Complaint for Declaratory and Injunctive Relief. ... It is hereby ORDERED that all pending motions and requests for relief are DENIED. Accordingly, the clerk's office is hereby ORDERED to close Civil Action B-07-067.”
“Defendants' Motion for Summary Judgment is GRANTED in PART and DENIED in PART for the reasons that follow. ... To the extent that Plaintiffs allege Moreno's Fourth Amendment right to be free from an unlawful search / unlawful seizure / excessive force ... those allegations will proceed to trial. Defendants' Motion for Summary Judgment in this regard is DENIED.”
“Plaintiff Daniel Gomez's ‘Motion to Subpoena’ (DE 76) is DENIED, and his instant lawsuit is DISMISSED, with prejudice.”
“The Court finds that Gomez's instant claims against Tamez are without factual or evidentiary support. Plaintiff Daniel Gomez's ‘Motion to Subpoena’ (DE 76) is DENIED, and his instant lawsuit is DISMISSED, with prejudice.”
“ORDER granting 12 Motion to Dismiss. Case terminated on 12/26/12.”
“ORDER denying [7-1] motion for severance denying [7-2] motion abatement, entered; Parties notified. ( signed by Magistrate Judge Felix Recio )”
“ORDER denying [5-1] motion to remand, entered; Parties notified. ( signed by Magistrate Judge Felix Recio )”
“ORDER denying [14-1] motion for protective order, entered; It is therefore Ordered that Dft Gulf Packing Company is not relieved of its obligations to respond to pltf's written discovery served on 10/31/01.”
“For the abovementioned reasons, it is the ruling of this court that there is a genuine issue of material fact that should be decided by a fact finder. As such, the Defendant's Motion for Summary Judgment is hereby be DENIED.”
“ORDER OF DISMISSAL granting [23-1] motion to dismiss with prejudice, entered; It is Ordered that all claims that were asserted or could have been asserted, by Pltf in this cause are hereby dismissed with prejudice and that each party bear their own costs.”
Caseload & timing
From public federal docket records for this judge.
- Recio's enumerated civil docket (as distinct from his criminal-duty caseload) is a mix of removed insurance and personal-injury suits, Section 1983 prisoner and excessive-force claims, employment/age-discrimination suits, maritime/admiralty matters (attachment, seaman injury), and a smaller number of contract and immigration-habeas cases.
- No Social Security disability-appeal cohort was found in his enumeration, unlike several of the court's other consent magistrates.
A historical record
Judge Recio no longer sits on this court. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.