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)

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.

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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.
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

DISMISSES WITH PREJUDICE this action.

The Court will order entry of final judgment separately.
SIGNED this 5th day of March, 2018.
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Hilda Tagle
Senior United States District Judge

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