Dalley v. Sekula

Opinion

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

ROBERT SEAN DALLEY, § Plaintiff, § § v. § NO. 1:24-CV-00997-ADA-DH § MARK SEKULA, ROBERT § ZEARFOSS, SONYA MCDONALD, § MARY O'ROURKE, VICTOR § WILLIAMS, ERICA LOPEZ, GLENDA § SINGLEY, SHERRI PIENIAZEK, § SANDRA JANOUSEK, RANDOLPH § BROOKS FEDERAL CREDIT UNION, § 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 Plaintiff Rober Sean Dalley’s claims. Dkt. 11. The report recommends Plaintiff Dalley’s cause of action be DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B). Id. The report and recommendation was signed January 7, 2025. Id. 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 Dalley filed objections on January 31, 2025. Dkt. 14. 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. 11, is ADOPTED. IT IS FURTHER ORDERED that Plaintiff's cause of action is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B).

SIGNED on September 25, 2025.

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ALAN D ALBRIGHT UNITED STATES DISTRICT JUDGE