Opinion
Civil Action 2:22-CV-00181
09-16-2022
DANIEL NEAL MARTIN, Plaintiff, v. LARRY BUSBY, 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. 10). The M&R recommends that the Court dismiss Plaintiff's complaint with prejudice as frivolous and/or for failure to state a claim on which relief may be granted. (D.E. 1; D.E. 10, p., 1). The M&R also recommends that the dismissal be counted as a “strike” for frivolous filing pursuant to 28 U.S.C. § .1915(g). (D.E. 10, p. 1). . .
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); Badaiki v. Schlumberger Holdings Corp., 512 F.Supp.3d 741, 743-44 (S.D. Tex. 2021) (Eskridge, J.).
Having 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. 10). Accordingly, the Court orders that Plaintiff's claims be DISMISSED with prejudice. (D.E. 1). The Court further orders that this dismissal be counted as a “strike” for frivolous filing as described in 28 U.S.C. § 1915(g) and that the Clerk of Court be INSTRUCTED to send notice of this dismissal to the Manager of the Three Strikes List for the Southern District of Texas at Three_Strikes@txs.uscourtsgov. A final judgment will be entered separately. /
SO ORDERED.