Opinion
Civil Action 2:20-CV-203
11-04-2021
BILLY JOE SNELLING, Plaintiff, v. BRIAN COLLIER, 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. 17). The M&R recommends that the Court dismiss Plaintiffs claim against Defendant V. Wall. 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. ClV. 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).
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. 17).
Accordingly, the Court ORDERS the following:
(1)The Court DISMISSES with prejudice Plaintiff's claim against Defendant Wall for failure to state a claim and/or as frivolous.
(2) Because Plaintiff's remaining claim concerning his current medical treatment at, the Choice Moore Unit has been severed and transferred in a separate order to ; the Sherman Division of the Eastern District of Texas, the Court DISMISSES I with prejudice Plaintiff's claims against Defendant Wall pursuant to 28 U.S.C.; §§ 1915(e)(2)(B) and 1915A(b)(1).
A final judgment will be entered separately.
SO ORDERED.