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)

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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. § § § § § § § § 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. 1 1/1

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