McNatt v. Chapa

Opinion

□ Southern District of Texas . ENTERED UNITED STATES DISTRICT COURT November 04, 2021 . SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION TYLER RAY MCNATT, § § Plaintiff, § VS. § CIVIL ACTION NO’ 2:21-CV-91 § ARMANDO CHAPA, et al., § § Defendants. § ORDER ADOPTING MEMORANDUM AND RECOMMENDATION Before the Court is Magistrate Judge Jason B. Libby’s Memorandum and Recommendation (M&R). (D.E. 15). The M&R recommends that the Court dismiss this action for failure to state a claim and/or as frivolous pursuant to 28 U.S.C.§§ 1915(e)(2)(B) and 1915A(b)(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); Powell y. Litton Loan Servicing, LP, No. CIV. A. H-14-2700, 2015 WL 3823141, at *1 (S.D. Tex. June 18, 2015). Having carefully reviewed the proposed findings and conclusions of the Magistrate

! Plaintiff's mail was returned as undeliverable. Since then, the Court has waited an appropriate amount of time for an updated address. As a party, Plaintiff is required to keep the Court apprised of his current address at all times and has failed to do so. 1/2

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. 15). Accordingly, the Court ORDERS the following: (1) Plaintiffs claims against Defendants are DISMISSED with prejudice as frivolous and for failure to state a claim pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1). (2) This dismissal shall be counted as a “strike” for purposes of 28 U.S.C. §1915(g) and the Clerk of Court is 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.uscourts.gov. A final judgment will be entered separately. SO ORDERED. □ | DA . MORALES UNITED STATES DISTRICT JUDGE

Dated: Corpus Christi, Texas Novemberg@ A 2021

2/2 □