Gonzales v. Mills et al

Filing 22

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 12 Memorandum and Recommendations. The Court DISMISSES WITH PREJUDICE Plaintiff's above-captioned action for failure to state a claim and/or as frivolous pursuant to 28 U.S.C. §§ 1 915(e)(2)(B) and 1915A(b)(1). Because this dismissal counts as a "strike" for purposes of 28 U.S.C. § 1915(g), the Court 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
JOE A GONZALES,

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Plaintiff,
VS.
BILL MILLS, et al,
Defendants.

April 12, 2018
David J. Bradley, Clerk

CIVIL NO. 2:17-CV-27

ORDER
The Court has received the Magistrate Judge’s February 10, 2017,
Memorandum and Recommendation (“M&R”), Dkt. No. 12, and Plaintiff’s objections
to the M&R, Dkt. No. 13.
After independently reviewing the record and applicable law, the Court
OVERRULES Plaintiff’s objections and ADOPTS the M&R, Dkt. No. 12.1
Accordingly, the Court DISMISSES WITH PREJUDICE Plaintiff’s abovecaptioned action for failure to state a claim and/or as frivolous pursuant to 28
U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1).
Because this dismissal counts as a “strike” for purposes of 28 U.S.C. §
1915(g), the Court DIRECTS the Clerk of the Court to send notice of this dismissal

The adopted M&R refers to circumstances as they were on February 10, 2017. Therefore, it is
reasonable to infer that circumstances may have changed such that Plaintiff’s claims have become
moot. Nevertheless, the Court finds that the state of the case as it was on February 10, 2017,
warrants dismissal. All present-tense references in the M&R, now adopted by the Court, should be
understood to refer to the circumstances as they were on February 10, 2017, and not on the date of
this order.
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to the Manager of the Three-Strikes List for the Southern District of Texas at
[e-mail].2
Final judgment will be entered separately.
SIGNED this 12th 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 Beverly
Goolsby in the Southern District of Texas’s Clerk’s Office. The Court modifies this recommendation
to conform to current Southern District of Texas practice regarding the Three-Strikes List.
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