Opinion
Civil Action 2:23-CV-00119
09-21-2023
JOHN MICHAEL CAMPOS, Plaintiff, v. JAMES SALES, et al., Defendants.
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. 10). The M&R recommends that the Court dismiss with prejudice Plaintiffs claims against Defendants, (D.E. 1; D.E. 9), until such time as Plaintiff satisfies the conditions set forth in Heck v. Humphrey, 512 U.S. 477, 486-87 (1994). (D.E. 10, p. 10). The M&R further recommends that the dismissal of this case count as a “strike” for purposes of 28 U.S.C. § 1915(g). Id.
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, 743M4 (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. 10). Accordingly, Plaintiffs claims, (D.E. 1; D.E. 9), are DISMISSED with prejudice as frivolous until such time as Plaintiff satisfies the conditions set forth in Heck v. Humphrey, 612 U.S. 477, 48687 (1994). Further, the Court ORDERS that the dismissal of this case shall count as a “strike” for purposes of 28 U.S.C. § 1915(g). The Clerk of Court is INSTRUCTED to forward a copy of the M&R, (D.E. 10), to the “Manager of the Three Strikes List for the Southern District of Texas” at Three_strikes@txs.uscourts.gov. Id.
SO ORDERED.