Flores v. US Department of Justice et al

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 9 Report and Recommendations. It is accordingly ORDERED that the Plaintiffs objections are overruled and the Report of the Magistrate Judge is ADOPTED as the opinion of the District Court. It is furt her ORDERED that the above-styled civil action is DISMISSED WITH PREJUDICE for purposes of proceeding in forma pauperis as frivolous. It is further ORDERED that all other claims for relief are DENIED AS-MOOT. Signed by District Judge Robert W. Schroeder, III on 10/26/2020. (slo, )

Case 5:20-cv-00083-RWS-CMC Document 13 Filed 10/26/20 Page 1 of 2 PageID #: 72

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
ERIC FLORES,
Plaintiff,
v.
US DEPARTMENT OF JUSTICE, et al.,
Defendants.

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CIVIL ACTION NO. 5:20-CV-00083-RWS

ORDER
Plaintiff Eric Flores, an inmate of the Texas Department of Criminal Justice,
Correctional Institutions Division, proceeding pro se, filed this civil action complaining of
alleged deprivations of his rights. This Court referred the case to the United States Magistrate
Judge pursuant to 28 U.S.C. § 636(b)(1) and (3) and the Amended Order for the Adoption of
Local Rules for the Assignment of Duties to United States Magistrate Judges.
In his complaint, Flores alleged that several “corrupt officials” are using advanced
technology linked to a satellite in outer space to calculate genetic codes so as to disrupt a person’s
personality and senses, taking control of that person’s mind and causing the person to shoot and
kill people. The Magistrate Judge issued a Report recommending that the lawsuit be dismissed
as factually frivolous.
Flores filed objections stating that he is seeking relief from imminent danger, such as a
terrorist attack which can result in the death of the public at large. He asserts that an attack is
likely if this Court does not intervene in the interest of public health and safety. Flores’s
objections confirm the correctness of the Magistrate Judge’s conclusion that the lawsuit is

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factually frivolous. See Ancar v. Sara Plasma Inc., 964 F.2d 465, 468 (5th Cir. 1992) (stating
that a finding of factual frivolousness is appropriate where the facts alleged “rise to the level of
the irrational or wholly incredible.”)
The Court has conducted a careful de novo review of those portions of the Magistrate
Judge’s proposed findings and recommendations to which the Plaintiff objected. See 28 U.S.C.
§636(b)(1) (District Judge shall “make a de novo determination of those portions of the report
or specified proposed findings or recommendations to which objection is made”). Upon such

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de novo review, the Court has determined the Report of the Magistrate Judge is correct and the
Plaintiff’s objections are without merit. It is accordingly
ORDERED that the Plaintiff’s objections are overruled and the Report of the Magistrate
Judge (Docket No. 9) is ADOPTED as the opinion of the District Court. It is further
ORDERED that the above-styled civil action is DISMISSED WITH PREJUDICE for
purposes of proceeding in forma pauperis as frivolous. It is further
ORDERED that all other claims for relief are DENIED-AS-MOOT.
So ORDERED and SIGNED this 26th day of October, 2020.

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ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE

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