Opinion
Civil Action 2:21-CV-00269
01-11-2022
JULIAN G SILVAS, JR., Plaintiff, v. STEPHEN A GIOVANNINI, et al, Defendants.
ORDER
DAVID S. MORALES, UNITED STATES DISTRICT JUDGE
Before the Court is Magistrate Judge Julie K. Hampton's Memorandum and Recommendation ("M&R") to dismiss Plaintiff Julian G. Silvas, Jr.'s claims brought pursuant to 42 U.S.C. § 1983. (D.E. 12). Specifically, the M&R recommends that this Court (1) dismiss Plaintiffs claims for money damages against Defendants Reyna and Gonzales in their official capacities as barred by the Eleventh Amendment; (2) dismiss without prejudice Plaintiffs claims seeking habeas relief against Defendants Reyna and Gonzales; (3) dismiss with prejudice Plaintiffs remaining claims against Defendant Giovannini and Defendants Reyna and Gonzales in their individual capacities; and (4) that this dismissal be counted as a "strike" for purposes of 28 U.S.C. § 1915(g). Id. Plaintiff timely filed objections to the M&R. (D.E. 14).
After having carefully reviewed the proposed findings and conclusions of the M&R, the record, the applicable law, and having made a de novo review of the portions of the M&R to which Plaintiffs objections were directed, the Court OVERRULES Plaintiffs objections. (D.E. 14). Accordingly, the Court:
(1) ADOPTS the M&R. (D.E. 12).
(2) Plaintiff s claims for money damages against Defendants Reyna and Gonzales in their official capacities are DISMISSED as barred by the Eleventh Amendment.
(3) Plaintiffs claims seeking habeas relief against Defendants Reyna and Gonzales are DISMISSED without prejudice to Plaintiff raising them in a separate federal habeas corpus action only after he has exhausted available state court remedies.
(4) Plaintiff s remaining claims against Defendant Giovannini and Defendants Reyna and Gonzales in their individual capacities are DISMISSED with prejudice for failure to state a claim pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915(b)(1).
(5) This dismissal is counted as a strike for purposes of 28 U.S.C. § 1915(g), and the Clerk of Court is ORDERED to send notice of this dismissal to the Manager of the Three Strikes List for the Southern District of Texas at ThreeStrikes@txs.uscourts.gov.
(6) The Clerk of Court is ORDERED to CLOSE this case.
A final judgment will be entered separately.
SO ORDERED.