Opinion
Civil 2:23-CV-00039
05-11-2023
JOSEPH LEE BEAN, Plaintiff, v. THE STATE OF TEXAS, JUAN J. NUNEZ, WAYNE DOUGLAS HARRIS and PETER JUAREZ, Defendants.
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
DREW B. TIPTON UNITED STATES DISTRICT JUDGE.
Pending before the Court is the April 13, 2023, Memorandum and Recommendation (“M&R”) prepared by Magistrate Judge Mitchel Neurock. (Dkt. No. 12). Magistrate Judge Neurock made findings and conclusions and recommended that Plaintiff's complaint be dismissed pursuant to the Prison Litigation Reform Act's screening requirement. (Id.).
The Parties were provided proper notice and the opportunity to object to the M&R. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b). No party filed an objection. As a result, review is straightforward: plain error. Guillory v. PPG Indus., Inc., 434 F.3d 303, 308 (5th Cir. 2005). No plain error appears.
Accordingly, the Court accepts the M&R and adopts it as the opinion of the Court. It is therefore ordered that:
(1) Magistrate Judge Neurock's M&R, (Dkt. No. 12), is ACCEPTED and ADOPTED in its entirety as the holding of the Court; and
(2) Plaintiff's Complaint, (Dkt. No. 1), is DISMISSED WITH PREJUDICE.
It is SO ORDERED.