Opinion
1:23-CV-1458-DII
01-22-2024
ORDER
ROBERT PITMAN UNITED STATES DISTRICT JUDGE
Before the Court is the report and recommendation of United States Magistrate Judge Susan Hightower concerning Plaintiff John Doe's (“Plaintiff”) complaint pursuant to 28 U.S.C. § 1915(e), 28 U.S.C. § 636(b) and Rule 1(d) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas. (R. & R., Dkt. 8). In her report and recommendation, Judge Hightower recommends that the Court dismiss this action pursuant to 28 U.S.C. § 1915(e)(2)(B). (Id. at 2). Plaintiff timely filed objections to the report and recommendation. (Objs., Dkt. 10).
A party may serve and file specific, written objections to a magistrate judge's findings and recommendations within fourteen days after being served with a copy of the report and recommendation and, in doing so, secure de novo review by the district court. 28 U.S.C. § 636(b)(1)(C). Because Plaintiff timely objected to the report and recommendation, the Court reviews the report and recommendation de novo. Having done so and for the reasons given in the report and recommendation, the Court overrules Plaintiff's objections and adopts the report and recommendation as its own order.
Accordingly, the Court ORDERS that the report and recommendation of United States Magistrate Judge Susan Hightower, (Dkt. 8), is ADOPTED.
IT IS FURTHER ORDERED that Plaintiff's complaint, (Dkt. 1), is DISMISSED WITHOUT PREJUDICE. Plaintiff's motion to seal, (Dkt. 11), is DENIED. Plaintiff's motion for leave to amend, (Dkt. 12), is DENIED as frivolous for the reasons set forth in the report and recommendation, (R. & R., Dkt. 8, at 7).
The Court will enter final judgment by separate order.