Joseph Anthony Reyna v. Exxon Mobile Corp. et al.

Summary

The United States District Court for the Southern District of Texas dismissed Joseph Anthony Reyna’s petition to perpetuate testimony and preserve evidence under Federal Rule of Civil Procedure 27. The court adopted the magistrate judge’s report and recommendation, finding that the petition failed to identify adverse parties and deponents as required by Rule 27 and failed to state a claim under 28 U.S.C. § 1915(e)(2). The dismissal was without prejudice, and the case was closed.

Holdings

1. The petition failed to satisfy Rule 27(a) because it did not explain why petitioner could not presently bring the anticipated action, identify the adverse parties and their addresses, or provide the name, address, and expected substance of the testimony of each deponent.
2. Dismissal without prejudice was warranted under 28 U.S.C. § 1915(e)(2) because the Rule 27 petition failed to state a claim on which relief could be granted.

Questions Presented

1. Whether the district court should adopt the magistrate judge's recommendation after de novo review of petitioner's objections.
2. Whether the petition satisfied the pleading requirements of Federal Rule of Civil Procedure 27(a) for perpetuation of testimony.
3. Whether dismissal under 28 U.S.C. § 1915(e)(2) was warranted because the petition failed to state a claim on which relief could be granted.

Disposition

dismissed