Opinion
2:23-CV-049-Z-BR
06-06-2023
LITTLE JOE ENRIQUEZ, Randall County No. 74025 Plaintiff, v. UNITED STATES OF AMERICA, et al., Defendants.
ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION AND DISMISSING CIVIL RIGHTS CLAIM
MATTHEW J. KACSMARYK UNITED STATES DISTRICT JUDGE
Before the Court are the findings, conclusions, and recommendation of the United States Magistrate Judge to dismiss the civil rights claim filed by Plaintiff. (ECF No. 5). No objections to the findings, conclusions, and recommendation have been filed. After making an independent review of the pleadings, files, and records in this case, the Court concludes that the findings, conclusions, and recommendation of the Magistrate Judge are correct. It is therefore ORDERED that the findings, conclusions, and recommendation of the Magistrate Judge are ADOPTED and the case is DISMISSED WITHOUT PREJUDICE.
The Court notes Plaintiff's self-styled Motion for Summary Judgment, filed on May 23, 2023, and dated April 27, 2023. ECF No. 6. The Court construes the filing as an attempt to amend the complaint. Such amendment is improper under the Federal Rules because - due to the uncured deficiencies - no service has occurred. See ECF No. 4; see also Fed.R.Civ.P. 15(a)(1) (predicating amendment on service). Accordingly, Plaintiff's self-styled Motion for Summary Judgment is of no effect. It is therefore DENIED.
IT IS SO ORDERED.