Opinion
Civil Action 3:23-CV-0453-C
04-03-2023
ERNEST GARCIA, Plaintiff, v. ELLIS COUNTY SHERIFF'S OFFICE, El AL, Defendants.
ORDER
SAM R. CUMMINGS SENIOR UNITED STATES DISTRICT JUDGE
Before the Court are the Findings, Conclusions, and Recommendation of the United States Magistrate Judge, filed March 7, 2023, therein advising the Court that Plaintiffs abuse allegations should be dismissed with prejudice under § 1915A and that the Court should, as to the Fourth Amendment claim, stay and administratively close this case under Younger v. Harris, 401 U.S. 37 (1971). Plaintiff failed to file any timely objections.
The Court conducts a de novo review of those portions of the Magistrate Judge's report or specified proposed findings or recommendations to which a timely objection is made. 28 U.S.C. § 636(b)(1)(C). Portions of the report or proposed findings or recommendations that are not the subject of a timely objection will be accepted by the Court unless they are clearly erroneous or contrary to law. See United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989).
The Court has conducted an independent review of the Magistrate Judge's findings and conclusions and finds no error. It is therefore ORDERED that the Findings, Conclusions, and Recommendation are hereby ADOPTED as the findings and conclusions of the Court.
For the reasons stated therein, IT IS ORDERED, ADJUDGED, AND DECREED that Plaintiffs abuse allegations are DISMISSED WITH PREJUDICE.
Additionally, Plaintiff has failed, during the period to file an objection, to satisfactorily show that he can amend his complaint to cure the deficiencies set forth in the Findings, Conclusions, and Recommendation in regard to his Fourth Amendment claim. As such, the above-styled and -numbered civil action is STAYED and ADMINISTRATIVELY CLOSED pursuant to Younger v. Harris, 401 U.S. 37 (1971).
SO ORDERED.