Opinion
MISC. ACTION NO. 7:16-MC-00823
07-16-2019
JUAN MANUEL LEDESMA, v. LORIE DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division.
ORDER ADOPTING REPORT AND RECOMMENDATION
Before the Court is Plaintiff's attempt to bring a lawsuit under 42 U.S.C. § 1983, his pending motions to proceed in forma pauperis ("IFP") (Dkt. Nos. 1, 5), and his pending motions to have the Court issue a preliminary legal injunction (Dkt. Nos. 1-1, 4). The instant case had been referred to the Magistrate Court for a report and recommendation. On June 6, 2019, the Magistrate Judge issued the Report and Recommendation, recommending that Plaintiff's § 1983 action be DISMISSED with prejudice as frivolous, that his preliminary injunction motions (Dkt. Nos. 1-1, 4) be DENIED, and that his motions to proceed IFP (Dkt. Nos. 1, 5) be DENIED as moot. The time for filing objections has passed and no objections have been filed.
Pursuant to Federal Rule of Civil Procedure 72(b), the Court has reviewed the Report and Recommendation for clear error. Finding no clear error, the Court adopts the Report and Recommendation in its entirety. Accordingly, Plaintiff's § 1983 action is DISMISSED with prejudice as frivolous, his preliminary injunction motions (Dkt. Nos. 1-1, 4) are DENIED, and his motions to proceed IFP (Dkt. Nos. 1, 5) are DENIED as moot.
IT IS SO ORDERED.
DONE at McAllen, Texas, this 16th day of July, 2019.
/s/_________
Micaela Alvarez
United States District Judge