Vurimindi v. Correa

Opinion

IN THE UNITED STATES DistricTcourtT FILED FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION APR 1 8 2023 § CLERK. U.S. DISTRIKT C xs TERN DISTRI VAMSIDHAR REDDY § WesTe VURIMINDI, § PUTY PLAINTIFF, § § V. § § CAUSE NO. 1:23-CV-262-LY JOSE M. CORREA ET AL., § DEFENDANTS. § § § § ORDER ON REPORT AND RECOMMENDATION Before the court is the above-referenced cause, which was referred to the United States Magistrate Judge for findings and recommendations. See 28 U.S.C. § 636(b); FED. R. Civ. P. 72; Loc. R. W. D. Tex. Appx. C, 1. The magistrate judge granted Plaintiff Pro Se Vamsidhar Vurimindi leave to proceed in forma pauperis and reviewed the complaint to determine if the action may proceed. See 28 U.S.C. § 1915(e) (“Section 1915(e)”). The magistrate judge rendered the Report and Recommendation on March 22, 2023, recommending that the court dismiss Vurimindi’s lawsuit as frivolous pursuant to Section 1915(e) (Doc. #6). A party may serve and file specific, written objections to the proposed findings and recommendations of the magistrate judge within 14 days after being served with a copy of the Report and Recommendation, and thereby secure a de novo review by the district court. See 28 U.S.C. § 636(b); FED. R. Civ. P. 72(b). A party’s failure to timely file written objections to the proposed findings, conclusion, and recommendations in a Report and Recommendation bars that party, except upon grounds of plain error, from attacking on appeal the unobjected-to proposed factual findings and legal conclusions accepted by the district court. See Douglass v. United

States Auto Ass'n, 79 F.3d 1415 (Sth Cir. 1996) (en banc). Vurimindi filed objections to the Report and Recommendation on April 5, 2023 (Doc. #10). Vurimindi submitted supplemental materials to the objections on April 7, 2023 (Doc. #11). In light of the objections, the court has undertaken a de novo review of the entire case file and finds that the magistrate judge’s report and recommendation should be approved and accepted by the court for substantially the reasons stated therein. IT IS THEREFORE ORDERED that Plaintiff Vamsidhar Vurimindi’s objections to the Report and Recommendation (Doc. #10) are OVERRULED. IT IS FURTHER ORDERED that the United States Magistrate Judge’s Report and Recommendation (Doc. #6) filed in this cause is APPROVED and ACCEPTED. IT IS FURTHER ORDERED that Plaintiff Vamsidhar Vurimindi’s lawsuit is DISMISSED as frivolous under Section 1915(e). The court will render final judgment by separate order. SIGNED this LE4- day of April, 2023.

VERE. ITED STATES DISTRICT JUDGE