Barnett v. Paxton

Opinion

□ Southern District of Texas ENTERED UNITED STATES DISTRICT COURT June 27, 2024 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk BROWNSVILLE DIVISION CAROLINE SUE BARNETT, § “Plaintiff,” § § v. § Civil Action No. 1:24-cv-00067 § KEN PAXTON, et al., § “Defendants.” § ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Before the Court is the “Magistrate Judge’s Report and Recommendation” (“R&R”) (Dkt. No. 10) and Plaintiffs “Objections” (Dkt. No. 13).! Plaintiff, proceeding pro se, asserts various claims under 42 U.S.C. § 1983 against Defendants for sexual harassment, domestic violence, and witchcraft. Dkt. Nos. 1, 5, 6 & 8. On June 12, 2024, the Magistrate issued an R&R (Dkt. No. 10) recommending the Court dismiss with prejudice Plaintiff's Complaint (Dkt. No. 1) because her claims “are both legal and factually frivolous.” The Magistrate also found that Plaintiff fails to state a claim for which any relief can be granted. Id. Despite her filing “Objections” (Dkt. No. 13), Plaintiff fails to object to the Magistrate’s finding that her claims are frivolous and failed to state a claim. Instead, Plaintiff merely reiterates the same meritless claims from her complaint without addressing or acknowledging the R&R. If there have been no objections to the Magistrate’s ruling, then the appropriate standard of review is “clearly erroneous, abuse of discretion and contrary to law.” United States v. Wilson, 864 F.2d 1219, 1221 (Sth Cir. 1989). Finding no clear error, abuse of discretion, or finding contrary to law, the R&R (Dkt. No. 10) is ADOPTED. For these reasons, Plaintiff's claims against Defendants are DISMISSED with prejudice.” Plaintiffs objections ace OVERRULED. The Clerk of the Court is ORDERED to close this case.

1 The Court has also received Plaintiff's Letter entitled “Statement Discovery” (Dkt. No. 14). 2 As referenced in the R&R (Dkt. No. 160), Plaintiff previously filed other cases with similar claims and defendants which were also dismissed. See e.g., Barnett v. Chacon, No. 23-50640, 2023 WL 8952594, at *1 (5th Cir. Dec. 28, 2023); Barnett v. Biden, No. 1:24-cv-124, 2024 WL 1080460, at *1 (W.D. Tex. Feb. 14, 2024); Barnett v. Chacon, No. 23-cv-00831, 2023 WL 4932605, at *1 (W.D. Tex. Aug. 1, 2023).

Signed on this - ) ? day 0! SN LL 2024,

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