Moreno v. McGuffin et al

Filing 27

ORDER ADOPTING AMENDED MEMORANDUM AND RECOMMENDATIONS re: 26 Amended Memorandum and Recommendations. The Court DISMISSES WITH PREJUDICE the above-captioned action for failure to state a claim and/or as frivolous. This dismissal counts as a strike for purposes of 28 U.S.C. § 1915(g), and the Court therefore DIRECTS the Clerk of the Court to send notice of this dismissal to the Manager of the Three Strikes List for the Southern District of Texas at [e-mail].(Signed by Judge Hilda G Tagle) Parties notified.(scavazos, 1)

United States District Court
Southern District of Texas

ENTERED
February 16, 2018

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
DIONISIO BALDERAS MORENO,
Plaintiff,
VS.
MCGUFFIN, et al,
Defendants.

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David J. Bradley, Clerk

CIVIL NO. 2:16-CV-37

ORDER
The Court has before it Plaintiff’s Complaint, the Amended Memorandum
and Recommendation (“M&R”) of the Magistrate Judge to whom this case was
referred (Dkt. No. 26), and Plaintiff’s Objections to the M&R (Dkt. No. 21).
Plaintiff primarily objects that the Magistrate Judge recommends dismissal
of the above-captioned case but does not address Plaintiff’s related case, Case No.
2:16-cv-86. Dkt. No. 21 at 1. The Magistrate Judge consolidated this case and Case
No. 2:16-cv-86 on March 10, 2016, because the cases involve the same facts and
causes of action. Dkt. No. 13. Both cases therefore have proceeded under the abovecaptioned Case No. 2:16-cv-37.
After independently reviewing the record and applicable law, the Court
ADOPTS the Magistrate Judge’s M&R (Dkt. No. 26). The Court DISMISSES
WITH PREJUDICE the above-captioned action for failure to state a claim and/or
as frivolous pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915A(b)(1).1 This dismissal
counts as a strike for purposes of 28 U.S.C. § 1915(g), and the Court therefore
DIRECTS the Clerk of the Court to send notice of this dismissal to the Manager of
the

Three

Strikes

List

for

the

Southern

District

of

Texas

at

[e-mail].

The Court likewise DISMISSES Plaintiff’s related case, Case No. 2:16-cv-86. The Court will
separately enter Final Judgment in that case.
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Final Judgment will be entered separately in accordance with Federal Rule of
Civil Procedure 58.
SIGNED this 16th day of February, 2018.
___________________________________
Hilda Tagle
Senior United States District Judge

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