Monte Albert v. United States Department of the Army, et al.

Opinion

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

MONTE ALBERT, § Plaintiff, § § v. § NO. 1:25-CV-01497-ADA-DH § UNITED STATE DEPARTMENT OF § THE ARMY, 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 Plaintiff Monte Albert’s claims and pending motions. Dkt. 7. The report recommends that Plaintiff’s claims be DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B) and that all other pending motions be DENIED AS MOOT. The Report and Recommendation was filed October 9, 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 on October 10, 2025. Dkt. 11. Plaintiff also filed supplemental objections and a motion to reconsider procedural restrictions on October 10, 2025. Dkt. 12. 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 Plaintiff's clams DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B). IT IS FINALLY ORDERED that all pending motions, included those filed after Judge Howell’s Order and Report and Recommendation, are DENIED AS MOOT.

SIGNED on October 31, 2025.

C0 SONen ALAN D ALBRIGHT UNITED STATES DISTRICT JUDGE