Steels v. Steels

Filing 15

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 8 Memorandum and Recommendations and dismissing with prejudice 1 Complaint. (Signed by Judge Hilda G Tagle) Parties notified.(vrios, 2)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
PRINCELLA V STEELS,

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Plaintiff,
VS.
DAVID CHARLES STEELS,
Defendant.

United States District Court
Southern District of Texas

ENTERED
August 21, 2017
David J. Bradley, Clerk

CIVIL NO. 2:17-CV-126

ORDER
Plaintiff Princella Steels (“Steels”) filed this 42 U.S.C. § 1983 action alleging claims the
Magistrate Judge to whom this case was referred pursuant to 28 U.S.C. § 636(b) recommends are
frivolous and fail to state a claim upon which relief can be granted. See Memorandum and
Recommendations (“M&R”), Dkt. No. 8. The deadline to file objections to the Magistrate Judge’s
proposed findings and recommendations has passed. See 28 U.S.C. § 636(b)(1) (setting 14-day
deadline to file objections); Fed. R. Civ. P. 72(b)(2) (same); see also M&R at 8 (advising parties of
14-day deadline). Steels has filed one document the Court construes as objections to the M&R,
Dkt. No. 10. Yet this document was filed subsequent to the deadline to respond to the M&R, and
in any case does not offer any cognizable substantive objection to its findings. See id.
Accordingly, after independently reviewing the record and considering the applicable law,
the Court adopts the magistrate judge’s proposed findings and recommendations, and
DISMISSES WITH PREJUDICE Steels’ § 1983 action, Dkt. No. 1. To the extent Steels’
complaint has alleged any state law claims under Texas law, however, the Court dismisses these
claims without prejudice.
The Clerk is instructed to send notice of this dismissal to the United States District Clerk
for the Southern District of Texas, Houston Division, Attn: Beverly Goolsby, 515 Rusk St.,
Houston, Texas, 77002.
The Clerk shall close this case after entering the accompanying judgment.
It is so ORDERED.
SIGNED this 21st day of August, 2017.
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Hilda Tagle
Senior United States District Judge
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