Opinion
Civil Action 2:21-CV-00299
03-17-2022
CURTIS ANTHONY JONES, Plaintiff, v. NUECES COUNTY, et al., Defendants.
ORDER ADOPTING MEMORANDUM & RECOMMENDATION
DAVID S. MORALES UNITED STATES DISTRICT JUDGE
Before the Court is Magistrate Judge Jason Libby's Memorandum and Recommendation (M&R). (D.E. 14). The M&R recommends that the Court retain two of Plaintiffs claims: (1) the excessive force claim against Corporal Landa, and (2) the deliberate indifference claim against Sergeant Gutierrez. Id. at 16. The M&R further recommends that Plaintiffs remaining claims be dismissed for failure to state a claim and/or as frivolous pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1). Id.
The parties were provided proper notice of, and the opportunity to object to, the Magistrate Judge's M&R. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b); General Order No. 2002-13. No objection has been filed. When no timely objection has been filed, the district court need only determine whether the Magistrate Judge's M&R is clearly erroneous or contrary to law. United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989) (per curiam); Powell v. Litton Loan Servicing, LP, No. CIV. A. H-14-2700, 2015 WL 3823141, at *1 (S.D. Tex. June 18, 2015) (Harmon, J.).
Having carefully reviewed the proposed findings and conclusions of the Magistrate Judge, the filings of the parties, the record, and the applicable law, and finding that the M&R is not clearly erroneous or contrary to law, the Court ADOPTS the M&R in its entirety. (D.E. 14).
Accordingly, the Court ORDERS the following:
(1) The Court RETAINS Plaintiffs excessive force claim against Corporal Landa.
(2) The Court RETAINS Plaintiffs deliberate indifference claim against Sergeant Gutierrez.
(3) The Court DISMISSES Plaintiffs remaining claims for failure to state a claim and/or as frivolous pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1).
SO ORDERED.