Opinion
Civil Action 4:22-CV-03185
09-05-2023
ANGEL MEDINA, Plaintiff, v. BOBBY LUMPKIN, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE INSTITUTIONS DIVISION, Defendant.
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
DREW B. TIPTON, UNITED STATES DISTRICT JUDGE
Pending before the Court is the August 3, 2023 Memorandum and Recommendation (“M&R”) prepared by Magistrate Judge Peter Bray. (Dkt. No. 9). Judge Bray made findings and conclusions and recommended that Respondent's Motion to Dismiss with Brief in Support, (Dkt. No. 6), be granted. (Dkt. No. 9). Judge Bray further recommended dismissing Plaintiff's Complaint, (Dkt. No. 1), with prejudice and denying a certificate of appealability. (Dkt. No. 9).
The Parties were provided proper notice and the opportunity to object to the M&R. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b). No party filed an objection. As a result, review is straightforward: plain error. Guillory v. PPG Indus., Inc., 434 F.3d 303, 308 (5th Cir. 2005). No plain error appears.
Accordingly, the Court accepts the M&R and adopts it as the opinion of the Court. It is therefore ordered that:
(1) Judge Bray's M&R, (Dkt. No. 9), is ACCEPTED and ADOPTED in its entirety as the holding of the Court; and
(2) Respondent's Motion to Dismiss with Brief in Support, (Dkt. No. 6), is GRANTED.
It is SO ORDERED.