Opinion
Civil Action 1:23-cv-00095
09-14-2023
PEDRO OSCAR CASTILLO, JR., “Plaintiff,” v. CAMERON COUNTY, et al., “Defendants.”
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
ROLANDO OLVERA, UNITED STATES DISTRICT JUDGE
Before the Court is the “Magistrate Judge's Report and Recommendation” (“R&R”) (Dkt. No. 35). The R&R recommends this Court dismiss with prejudice Plaintiff's “First Amended Prisoner Civil Rights Complaint” (“First Amended Complaint”) (Dkt. No. 6). Dkt. No. 35.
Objections were due August 31, 2023. See Dkt. Nos. 38 & 43. Plaintiff timely filed a 155-page letter (Dkt. No. 47) containing unsworn incident reports. Plaintiff did not seek leave to file a pleading over the Court's 20-page limit, see L.R. 6(F), nor did Plaintiff show good cause for exceeding the page limit. The excess pages do not contain additional arguments nor objections against the R&R (Dkt. No. 35). Thus, Plaintiff's Letter (Dkt. No. 47) is STRUCK from the docket.
If there have been no objections to the magistrate's ruling, then the appropriate standard of review is “clearly erroneous, abuse of discretion and contrary to law.” United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989). Finding no clear error, abuse of discretion, or finding contrary to law, the R&R (Dkt. No. 35) is ADOPTED.
Plaintiff's claims against Defendants in his First Amended Complaint (Dkt. No. 6) are DISMISSED with prejudice. Plaintiff's Letter (Dkt. No. 47) is STRUCK from the docket The Clerk of the Court is ORDERED to close this case.