Opinion
Civil Action 1:21-cv-00125
09-05-2023
DAVID GREG GONZALEZ, “Plaintiff,” v. WILLACY COUNTY SHERIFF'S DEPARTMENT & JAIL, 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. 89). The R&R recommends this Court (1) GRANT Defendant Joe Salazar and Dionicio Cortez' “Motion to Dismiss Pursuant to Rule 12 and Alternatively Motion for Summary Judgment” (Dkt. No. 80) and Defendant Willacy County Jail Staff, Rene Ramirez, Andres Maldonado, and Andres Davi Maldonado's “Motion to Dismiss Pursuant to Rule 12 and Alternatively Motion for Summary Judgment and Motion to Stay or Bar Discovery” (Dkt. No. 84); (3) DISMISS with prejudice Plaintiffs claims against all Defendants; and (4) direct the Clerk of Court to CLOSE this case. Dkt. No. 89 at 1.
Objections were due August 18, 2023. See Dkt. No. 91. No objections were filed by any party. 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. 89) is ADOPTED.
Plaintiffs “Petition for Writ of Habeas Corpus” and supporting submissions (Dkt. Nos. 1, 9, 10, 22, 23, 41) are DENIED. Plaintiff's claims against all Defendants in his Complaint (Dkt. Nos. 1, 9,10, 22, 23, 41) are DISMISSED with prejudice. The Clerk of the Court is ORDERED to close this case.
The magistrate previously construed Dkt. Nos. 1, 9, 10,22, 23 &41 as a jointly submitted complaint brought under 42 U.S.C. § 1983 and a petition brought under 28 U.S.C. § 2241. Dkt. No. 43 at 1.