Hawkins v. Colvin et al

Filing 13

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 11 Memorandum and Recommendations. The Court DISMISSES WITH PREJUDICE this action. 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
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
MELCHOR HAWKINS JR.,
Plaintiff,
VS.
CAROLYN W. COLVIN, et al,
Defendants.

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February 15, 2018
David J. Bradley, Clerk

CIVIL NO. 2:16-CV-271

ORDER
The Court has before it Plaintiff’s civil-rights complaint (Dkt. No. 1), the
Magistrate Judge’s September 26, 2016, Memorandum and Recommendation
(“M&R”) to dismiss the case as frivolous and/or for failure to state a claim (Dkt. No.
11), and Plaintiff’s objections to the M&R (Dkt. No. 12).
After independently reviewing the record, filings, and applicable law, the
Court ADOPTS the Magistrate Judge’s September 26, 2016, M&R (Dkt. No. 11).
The Court DISMISSES WITH PREJUDICE the above-captioned action. 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].1 Final Judgment will be entered separately in
accordance with Federal Rule of Civil Procedure 58.
SIGNED this 15th day of February, 2018.
___________________________________
Hilda Tagle
Senior United States District Judge

The Magistrate Judge’s M&R recommends that notice of this dismissal be sent to Lori Stover, the
former Three Strikes Docketing Clerk for the Fifth Circuit. The Court modifies this recommendation
to align with current Southern District of Texas practice regarding the Three-Strikes List.
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