Castillo v. Texas Board of Pardon and Paroles et al

Filing 26

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 19 23 Memorandum and Recommendations; GRANTS 18 Defendants' Motion for Summary Judgment and DISMISSES WITH PREJUDICE this action. (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 MANUEL CASTILLO, Plaintiff, VS. TEXAS BOARD OF PARDON AND PAROLES, et al, Defendants. § § § § § § § § § March 06, 2018 David J. Bradley, Clerk CIVIL NO. 2:16-CV-00504 ORDER The Court is in receipt of Defendants’ August 9, 2017, motion for summary judgment, Dkt. No. 18; the October 5, 2017, Memorandum and Recommendation (“M&R”) of the Magistrate Judge to whom this case was referred, Dkt. No. 19; the December 1, 2017, amendment to the M&R, Dkt. No. 23;1 and Plaintiff’s December 20, 2017, objection to the M&R and its amendment, Dkt. No. 25. The Court reviews objected-to portions of a Magistrate Judge’s proposed findings and recommendations de novo. 28 U.S.C. § 636(b)(1). Plaintiff’s objection is frivolous, conclusory, general, or contains no argument that the M&R has not already considered. See Dkt. Nos. 19, 25; Battle v. United States Parole Comm’n, 834 F.2d 419 (5th Cir. 1987) (determining that a district court need not consider frivolous, conclusive, or general objections). After independently reviewing the record and considering the applicable law, the Court adopts the proposed M&R and its amendment in their entirety. Dkt. Nos. 19, 23. Thus, the Court OVERRULES Plaintiff’s objection. Dkt. No. 25. The Court hereby:  GRANTS Defendants’ motion for summary judgment, Dkt. No. 18; and The amendment alters the October 5, 2016, M&R only to reflect that Plaintiff timely filed a response to Defendant’s motion for summary judgment. Dkt. No. 23 at 4. However, the Magistrate Judge found that “Plaintiff presents nothing in his response to cause the undersigned to change any other part of the October 5, 2017 M&R’s findings conclusions, and recommendation.” Id. 1 1/2  DISMISSES WITH PREJUDICE this action. The Court will order entry of final judgment separately. SIGNED this 5th day of March, 2018. ___________________________________ Hilda Tagle Senior United States District Judge 2/2

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