Barnett v. Watson

• Court: District Court, W.D. Texas
• Decided: September 23, 2025
• Docket: 1:25-cv-00357
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

CAROLINE S. BARNETT, § Plaintiff, § § NO. 1:25-CV-00357-ADA v. § § KIRK WATSON, et al., § Defendants. §

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

Before the Court is the Report and Recommendation of United States Magistrate Judge Dustin M. Howell regarding the merits of Plaintiff Caroline S. Burnett’s claims. Dkt. 7. The report recommends Barnett’s cause of action be DISMISSED with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B), and all pending motions in the case be DENIED AS MOOT. The Report and Recommendation was filed March 31, 2025. This Court hereby adopts Judge Howell’s Recommendations. A party may file specific, written objections to the proposed findings and recommendations of the magistrate judge within fourteen days after being served with a copy of the report and recommendation, thereby securing de novo review by the district court. 28 U.S.C. § 636(b); Fed. R. Civ. P. 72(b). A district court need not consider “[f]rivolous, conclusive, or general objections.” Battle v. U.S. Parole Comm’n, 834 F.2d 419, 421 (5th Cir. 1987) (quoting Nettles v. Wainwright, 677 F.2d 404, 410 n.8 (5th Cir. 1982) (en banc), overruled on other grounds by Douglass v. United States Auto. Ass’n, 79 F.3d 1415 (5th Cir. 1996)). Plaintiff filed objections in the form of a letter on March 31, 2025. Dkt. 9. The Court has conducted a de novo review of the Complaint, the Report and Recommendation, the objections to the Report and Recommendation, and the applicable laws. After that thorough review, the Court is persuaded that the Magistrate Judge’s findings and recommendation should be adopted. IT IS THEREFORE ORDERED that the Report and Recommendation of United States Magistrate Judge Dustin M. Howell, Dkt. 7, is ADOPTED. IT IS FURTHER ORDERED that Barnett’s cause of action is DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B). IT IS FINALLY ORDERED that all pending motions in the case (Dkt. 3, Dkt. 5, Dkt. 6) are DENIED AS MOOT.

SIGNED on September 23, 2025.

C0 SONen ALAN D ALBRIGHT UNITED STATES DISTRICT JUDGE