Flores v. United States Attorney General et al

Filing 19

ORDER adopting 18 Report and Recommendation. Defts' 13 and 17 Motions to Dismiss are granted. The claims of pltf are dismissed in their entirety, with prejudice. Also ordered that 14 Motion to Declare Pltf a Vexatious Litigant is granted. Eric Flores must obtain court permission by filing a motion for leave before he is permitted to file any additional claims in this district. Signed by Judge Ron Clark on 3/4/15. cc: pro se writ clerk 3/5/15(tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION

ERIC FLORES,
Plaintiff,
v.
UNITED STATES ATTORNEY
GENERAL, UNITED STATES
DEPARTMENT OF HEALTH AND
HUMAN SERVICES, and
SIERRA MEDICAL CENTER,
Defendants.

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CIVIL ACTION NO. 1:14-CV-198

ORDER ADOPTING REPORT AND RECOMMENDATION
The Court referred this matter to United States Magistrate Judge Keith F. Giblin for
consideration of and recommended disposition on case-dispositive pretrial motions. On February
5, 2015, Judge Giblin issued his report and recommendation in which he recommended that the
Court grant the defendants’ motions to dismiss and to declare the plaintiff a vexatious litigant.
The Court has received and considered the report of the United States Magistrate Judge,
along with the record and pleadings. No party has filed objections to the magistrate judge’s report.
After review, the Court finds that Judge Giblin’s findings and recommendations should be accepted.
The Court ORDERS that the Report and Recommendation [Doc. #18] is ADOPTED. The Court
further ORDERS that the defendants’ motions to dismiss [Doc. #13, Doc. #17] are GRANTED, and
the claims asserted by the plaintiff, Eric Flores, are DISMISSED in their entirety, with prejudice.
This order of dismissal constitutes a final judgment for appeal purposes.
The Court also ORDERS that the motion to declare plaintiff a vexatious litigant [Doc. #14]

is GRANTED. As recommended by Judge Giblin, the Court warns plaintiff Eric Flores that
monetary sanctions may be imposed for future vexatious litigation considered to be abusive and
harassing in nature. It is finally ORDERED that Eric Flores must obtain court permission by filing
a motion for leave before he is permitted to file any additional complaints in this district.
So ORDERED and SIGNED this 4 day of March, 2015.

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Ron Clark, United States District Judge

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