Martin v. Busby

Opinion

□ Souther District of Texas _ ENTERED . UNITED STATES DISTRICT COURT September 16, 2022 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION . □□ DANIEL NEAL MARTIN, § Plaintiff, ve CIVIL ACTION NO. 2:22-CV-00181 LARRY BUSBY, et al., . ; tl Defendants. . es

ORDER ADOPTING MEMORANDUM & RECOMMENDATION □ . Before the Court is Magistrate Judge Jason Libby’s Memorandum and Recommendation (M&R). (D.E. 10). The M&R recommends that the Court dismiss Plaintiffs complaint with prejudice as frivolous and/or for failure to state a claim on which relief may be granted. (D.E. 1; D.E. 10, p.. 1). The M&R also recommends that the dismissal be counted as a “strike” for frivolous filing pursuant to 28 USC. §.1915(g). (D.E. 10, p. 1). The parties were provided proper notice of, and the opportunity to object to, the Magistrate Judge’s M&R. See 28 U.S.C. § 636(b)(1); FED. R. Civ. P. 72(b);, General Order No. 2002-13. No objection has been filed. When no timely objection has been filed, the district court need only determine whether the Magistrate Judge’s M&R is clearly erroneous or contrary to law. United States v. Wilson, 864 F.2d 1219, 1221 (Sth Cir. 1989) (per curiam); Badaiki v. Schlumberger Holdings Corp., 512 F. Supp. 3d 741, 743-44 (S.D. Tex. 2021) (Eskridge, J.). . . Having reviewed the proposed findings and conclusions of the Magistrate Judge, the filings of the parties, the record, and the applicable law, and finding that the M&R is not clearly erroneous or contrary to law, the Court ADOPTS the M&R in its entirety. (D.E. 10). Accordingly, the Court orders that Plaintiff's claims be DISMISSED with prejudice. (D.E. 1). The Court further orders

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that this dismissal be counted as a “strike” for frivolous filing as described in 28 U.S.C. § 1915(g) and that the Clerk of Court be INSTRUCTED to send notice of this dismissal to the Manager of the Three Strikes List for the Southern District of Texas at Three_Strikes@txs.uscourtsgov. A final judgment will be entered separately. SO ORDERED.

DA S. MORALES UNITED STATES DISTRICT JUDGE

Dated: Corpus Christi, Texas September 16, 2022

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