Opinion
Civil Action 2:22-CV-00035
07-13-2022
RICHARD JOSE ALVAREZ, Plaintiff, v. UNITED STATES (28 USC 1346), 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. 18). 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. 72(b); General Order No. .200213. Plaintiff filed what appears as, and what the Court liberally construes as, objections to the M&R. See (D.E. 22). 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 the Plaintiff's objections were directed, 28 U.S.C. § 636(b)(1), the Court OVERRULES Petitioner's objections (D.E. 22).
Accordingly:
(1) The Court ADOPTS the M&R in its entirety. (D.E. 18). .
(2) Plaintiff's case is DISMISSED with prejudice as frivolous and/or for failure to state a claim for relief.
(3) Plaintiff's D.E. 7, D.E. 10, and D.E. 13 motions are DENIED as moot.
(4) This dismissal counts as a “strike” for purposes of 28 U.S.C. § 1915(g).
(5) 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 Three_Strikes@txs.uscouits.gov.
(6) Clerk of Court is ORDERED to CLOSE this case.
SO ORDERED.