Opinion
Civil Action No. 13 - 487
06-20-2013
JOSE VICTOR ROBLES PALACIOS, Plaintiff, v. RUSSELL GILL, Defendant.
District Judge Terrence F. McVerry
Chief Magistrate Judge Lisa Pupo Lenihan
MEMORANDUM ORDER
This case is before the Court on the pending Report and Recommendation filed by Chief Magistrate Judge Lenihan on May 8, 2013. (ECF No. 12.) Judge Lenihan recommended that Plaintiff's Amended Complaint be dismissed with prejudice for failure to state a claim pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b). Plaintiff was served with the Report and Recommendation and informed that he had until May 28, 2013, to file written objections. As of the date of this order, however, no objections have been filed. Therefore, after de novo review of the pleadings and documents in the case, together with the Report and Recommendation, the following order is entered.
AND NOW, this 20th day of June, 2013,
IT IS HEREBY ORDERED that Plaintiff's Amended Complaint is DISMISSED with prejudice for failure to state a claim pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b).
IT IS FURTHER ORDERED that the Report and Recommendation dated May 8, 2013 (ECF No. 12) is ADOPTED as the opinion of this Court.
IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.
AND IT IS FURHTER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure.
By the Court:
___________
Terrence F. McVerry
United States District Judge
cc: Jose Victor Robles Palacios
01261261
Price Daniel Unit
938 South F.M. 1673
Snyder, TX 79549-8859
(Via First Class U.S. Postal Mail)