Opinion
Civil Action 2:21-CV-00172
08-08-2022
MIGUEL ROMERO, Plaintiff, v. PAUL STEWART, et al., Defendants.
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION TO DISMISS CASE
NELVA GONZALES RAMOS UNITED STATES DISTRICT JUDGE
On July 5, 2022, United States Magistrate Judge Jason B. Libby issued his “Memorandum and Recommendation to Dismiss Case” (M&R, D.E. 11). The Plaintiff was provided proper notice of, and opportunity to object to, the Magistrate Judge's M&R. Fed.R.Civ.P. 72(b); 28 U.S.C. § 636(b)(1); General Order No. 2002-13. No objections have been timely filed.
When no timely objection to a magistrate judge's M&R is filed, the district court need only satisfy itself that there is no clear error on the face of the record and accept the magistrate judge's M&R. Guillory v. PPG Indus., Inc., 434 F.3d 303, 308 (5th Cir. 2005) (citing Douglass v. United Servs. Auto Ass'n, 79 F.3d 1415, 1420 (5th Cir. 1996)).
Having reviewed the findings of fact and conclusions of law set forth in the Magistrate Judge's M&R (D.E. 11), and all other relevant documents in the record, and finding no clear error, the Court ADOPTS as its own the findings and conclusions of the Magistrate Judge. Accordingly, pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1), it is ORDERED that Plaintiff's civil rights action is DISMISSED with prejudice as frivolous until such time as Plaintiff satisfies the conditions set forth in Heck v. Humphrey, 512 U.S. 477 (1994). It is further ORDERED that the dismissal of this case counts as a “strike” for purposes of 28 U.S.C. § 1915(g), and the Clerk of the Court is instructed to forward a copy of this Memorandum and Recommendation to the “Manager of the Three Strikes List for the Southern District of Texas” at Three_Strikes@txs.uscourts.gov.”
ORDERED.