Opinion
Civil Action 2:24-CV-0008
03-22-2024
JOHN D. PELKO, Plaintiff, v. LUIS REYNA, Defendant.
ORDER ADOPTING MEMORANDUM & RECOMMENDATION
DAVID S. MORALES UNITED STATES DISTRICT JUDGE
Before the Court is Magistrate Judge Jason Libby's Memorandum and Recommendation (“M&R”). (D.E. 13). The M&R recommends that the Court dismiss Plaintiffs claims with prejudice and count the dismissal as a “strike” for purposes of 28 U.S.C. § 1915(g). (D.E. 13,p. 7).
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 (5th Cir. 1989) (per curiam); Badaiki v. Schlumberger Holdings Corp., 512 F.Supp.3d 741, 743-44 (S.D. Tex. 2021) (Eskridge, J.).
Having reviewed the proposed findings and conclusions of the Magistrate 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. 13). Accordingly, the Court DISMISSES with prejudice all of Plaintiffs claims, until the Heck conditions are satisfied. (D.E. 1).
See Johnson v. McElveen, 101 F.3d 423, 424 (5th Cir. 1996) (citing Heck v. Humphrey, 512 U.S. 477 (1994)).
Further, this dismissal counts as a STRIKE for purposes of § 1915(g). The Clerk of Court is INSTRUCTED to send notice of this dismissal to the Manager of the Three Strike List for the Southern District of Texas at Three Strikes@tx.uscourts.gov. A final judgment will be entered separately.
SO ORDERED.