Magee v. Sherriff O. Rivera

• Court: District Court, S.D. Texas
• Decided: July 11, 2025
• Docket: 2:24-cv-00309
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT July 11, 2025 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION

GEORGE WILLIAM MAGEE, § § Plaintiff, § § VS. § CIVIL ACTION NO. 2:24-CV-00309 § SHERRIFF O. RIVERA, et al., § § Defendants. §

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE On May 29, 2025, United States Magistrate Judge Mitchel Neurock issued his “Memorandum and Recommendation of United States Magistrate Judge” (D.E. 16), recommending that this action be dismissed. Plaintiff was provided proper notice of, and opportunity to object to, the Magistrate Judge’s memorandum and recommendation. Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1); General Order No. 2002-13. No objections have been timely filed. When no timely objection to a magistrate judge’s memorandum and recommendation is filed, the district court need only satisfy itself that there is no clear error on the face of the record and accept the magistrate judge’s memorandum and recommendation. Guillory v. PPG Indus., Inc., 434 F.3d 303, 308 (5th Cir. 2005) (citing Douglass v. United Servs. Auto Ass’n, 79 F.3d 1415, 1420 (5th Cir. 1996)). Having reviewed the findings of fact and conclusions of law set forth in the Magistrate Judge’s memorandum and recommendation (D.E. 16), and all other relevant documents in the record, and finding no clear error, the Court ADOPTS as its own the findings and conclusions of the Magistrate Judge. Accordingly, the Court:

e DISMISSES WITHOUT PREJUDICE Plaintiffs claims against Chief Rodriguez, Major Lopez, Captain Hernandez, Lieutenant Randolph, and the unnamed jail medical staff; e .DISMISSES WITH PREJUDICE Plaintiff's claims against Sheriff Rivera, Doctor Acuna, and Nurse Rodriguez as frivolous or for failure to state a claim upon which relief may be granted; and

e IMPOSES a “strike” under 28 U.S.C. § 1915(g) and instructs the Clerk to send notice of this dismissal to the Manager of the Three Strikes List for the Southern District of Texas at Three_Strikes @txs.uscourts.gov. ORDERED on July 11, 2025.

UNITED STATES DISTRICT JUDGE

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