Opinion
CIVIL NO. 2:17-CV-00196
08-16-2018
ARNOLD D MORGAN JR., Plaintiff, v. F. ALEMENDIZ, Defendant.
ORDER
Before the Court are the August 15, 2017, and October 17, 2017, Memorandum and Recommendations (singularly, "M&R") of the Magistrate Judge to whom this case was referred. Dkt. Nos. 11 & 15. The Court DISMISSES WITH PREJUDICE Plaintiff's action and DIRECTS the Clerk of the Court to forward a copy of this Order to the Manager of the Three Strikes List for the Southern District of Texas at Three_Strikes@txs.uscourts.gov.
I. August 15, 2017, M&R
The August 15, 2017, M&R recommends that the Court dismiss with prejudice Plaintiff's action "for failure to state a claim and/or as frivolous" pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1). Dkt. No. 11 at 7. No party filed an objection to the M&R. See 28 U.S.C. § 636(b)(1) (setting a 14-day deadline to file objections); FED. R. CIV. P. 72(b)(2) (same); see also Dkt. No. 11 at 8 (advising parties of the 14-day deadline).
After independently reviewing the record and considering the applicable law, the Court ADOPTS the M&R in its entirety. Dkt. No. 11.
II. October 17, 2017, M&R
The October 17, 2017, M&R, Dkt. No. 15, recommends that the Court deny Plaintiff's September 5, 2017, motion for appointment of counsel, Dkt. No. 13. No party filed an objection to the M&R. See 28 U.S.C. § 636(b)(1) (setting a 14-day deadline to file objections); FED. R. CIV. P. 72(b)(2) (same).
After independently reviewing the record and considering the applicable law, the Court ADOPTS the M&R in its entirety. Dkt. No. 15.
III. Conclusion
In conclusion, the Court:
• DISMISSES WITH PREJUDICE Plaintiff's action, andThe Court will direct entry of final judgment separately.
• DIRECTS the Clerk of the Court to forward a copy of this Order to the Manager of the Three Strikes List for the Southern District of Texas at Three_Strikes@txs.uscourts.gov.
SIGNED this 16th day of August, 2018.
/s/_________
Hilda Tagle
Senior United States District Judge