Boutire v. J. Paiz et al

Filing 29

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 28 . The Court DISMISSES WITH PREJUDICE Plaintiff's complaint for failure to state a claim. This dismissal counts as a strike for the purposes of 28 U.S.C. § 1915(g). The Court ORDERS the Clerk of the Court to send notice of this dismissal to the Manager of the Three-Strikes List for the United States District Court for the Southern District of Texas at [e-mail].(Signed by Judge Hilda G Tagle) Parties notified.(scavazos, 1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
ALPHONSO BOUTIRE,

§
§
§
§
§
§
§
§

Plaintiff,
VS.
J. PAIZ, et al,
Defendants.

United States District Court
Southern District of Texas

ENTERED
January 31, 2018
David J. Bradley, Clerk

CIVIL NO. 2:17-CV-00010

ORDER
The Court is in receipt of Plaintiff’s May 10, 2017, amended complaint. Dkt. No. 24. In her
Memorandum and Recommendation (“M&R”), the Magistrate Judge to whom this case was
referred pursuant to 28 U.S.C. § 636(b) concluded that (1) Plaintiff’s claims for money damages
against defendants in their official capacities are barred by the Eleventh Amendment; (2)
Plaintiff was transferred from the Garza West Unit, rendering moot any request for injunctive
relief; and (3) Plaintiff provides only conclusory allegations that each defendant acted with
deliberate indifference to his serious medical needs. Dkt. No. 28 at 5–6, 8. The deadline to file
objections to the M&R has passed, and the docket sheet shows that no objections have been filed.
See 28 U.S.C. § 636(b)(1) (setting a 14-day deadline to file objections); FED. R. CIV. P. 72(b)(2)
(same); see also Dkt. No. 28 at 10 (advising parties of the 14-day deadline).
After independently reviewing the record and considering the applicable law, the Court
adopts the proposed M&R in its entirety. The Court hereby DISMISSES WITH PREJUDICE
Plaintiff’s complaint for failure to state a claim. This dismissal counts as a strike for the
purposes of 28 U.S.C. § 1915(g). The Court ORDERS the Clerk of the Court to send notice of this
dismissal to the Manager of the Three-Strikes List for the United States District Court for the
Southern District of Texas at [e-mail]. The Court will order entry of final
judgment separately.

SIGNED this 31st day of January, 2018.
___________________________________
Hilda Tagle
Senior United States District Judge
1/1