Opinion
Civil Action 1:22-cv-00101
11-17-2022
GREGORIO GARCIA, III, “Plaintiff,” v. BERNADETTE RODRIGUEZ, et al. “Defendants.”
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Rolando Olvera United States District Judge
Before the Court are these pleadings: Plaintiffs pro se “Prisoner Civil Rights Complaint” (“Complaint”) (Dkt. No. 1) and the “Magistrate Judge's Report and Recommendation” (“R&R”) (Dkt. No. 11). The R&R recommends (1) dismissing Plaintiffs Complaint (Dkt. No. 1) with prejudice, (2) directing the Clerk of Court to close this case, (3) designating the dismissal as a “strike” for purposes of 28 U.S.C. § 1915(g), (3) instructing the Clerk of Court to send notice of dismissal to the Manager of the Three Strikes List for the Southern District of Texas, and (4) notifying Plaintiff that, because he has accumulated more than three strikes, he will be unable to proceed in forma pauperis in any civil action or appeal, if he files that action or appeal while incarcerated or detained in any facility, unless he is under imminent danger of serious physical injury.
No objections were filed by either party. When no objections are filed to a magistrate judge's ruling, the district court applies the “clearly erroneous, abuse of discretion and contrary to law” standard of review. 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 is ADOPTED:
1. Plaintiffs Complaint (Dkt. No. 1) is DISMISSED WITH PREJUDICE.
2. The Clerk of court is DIRECTED to CLOSE this case.
3. Plaintiff is hereby NOTIFIED that the DISMISSAL of Plaintiff s Complaint (Dkt. No. 1) is designated as a STRIKE for purposes of 28 U.S.C. § 1915(g).
4. The District Court Clerk is ORDERED to send notice of this dismissal to the Manager of the Three Strikes List for the Southern District of Texas.
5. Plaintiff is hereby NOTIFIED that he has accumulated more than three strikes. Plaintiff will not be able to proceed in forma pauperis in any civil action or appeal if he files that action or appeal while incarcerated or detained in any facility unless he is under imminent danger of serious physical injury.