Garza v. McConnell Unit
Filing
28
ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 26 Memorandum and Recommendations. The Court DISMISSES WITH PREJUDICE Plaintiff's complaint for failure to state a claim and/or as frivolous pursuant to 28 U.S.C. §§ 1915(e)(2)(B) a nd 1915A(b)(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 Three_Strikes@txs.uscourts.gov. (Signed by Judge Hilda G Tagle) Parties notified.(scavazos, 1)
United States District Court
Southern District of Texas
ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
JOSE F. GARZA,
Plaintiff,
VS.
MCCONNELL UNIT,
Defendant.
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April 12, 2018
David J. Bradley, Clerk
CIVIL NO. 2:16-CV-225
ORDER
The Court has received the 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. 27).
After independently reviewing the record and applicable law, the Court
ADOPTS the M&R (Dkt. No. 26) and DISMISSES WITH PREJUDICE Plaintiff’s
complaint for failure to state a claim and/or as frivolous pursuant to 28 U.S.C. §§
1915(e)(2)(B) and 1915A(b)(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 Three_Strikes@txs.uscourts.gov.1
Final Judgment will be entered separately.
SIGNED this 11th day of April, 2018.
___________________________________
Hilda Tagle
Senior United States District Judge
The Magistrate Judge’s M&R recommends that notice of this dismissal be sent by mail to Betty
Parker in the Eastern District of Texas Clerk’s Office. The Court modifies the recommendation to
conform to current Southern District of Texas practice regarding the Three-Strikes List.
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