Opinion
CASE NO. 2:20-CV-00175 SEC P
03-10-2021
CEVERO GARCIA #368938 v. UNITED STATES OF AMERICA
JUDGE JAMES D. CAIN, JR.
MAGISTRATE JUDGE KAY
JUDGMENT
Before the court is a Report and Recommendation [doc. 11] of the Magistrate Judge, recommending that this civil rights action be denied and dismissed with prejudice under 28 U.S.C. § 1915(e)(2)(B)(i) and (ii) as frivolous and failing to state a claim on which relief can be granted. Noting the lack of timely objections from the plaintiff, the court has conducted an independent review of the record and finds that the Report and Recommendation is correct under applicable law. Accordingly, IT IS ORDERED that the Report and Recommendation [doc. 11] be ADOPTED and that this matter be DENIED and DISMISSED WITH PREJUDICE under 28 U.S.C. § 1915(e)(2)(B)(i) and (ii). The Clerk of Court is directed to forward a copy of this judgment to the Keeper of the Three Strikes List in Tyler, Texas.
THUS DONE AND SIGNED in Chambers on this 10th day of March, 2021.
/s/ _________
JAMES D. CAIN, JR.
UNITED STATES DISTRICT JUDGE