Grant v. Menchaca

Filing 13

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 6 Memorandum and Recommendations, and OVERRULES Plaintiff's objection 7 . The Court DISMISSES WITH PREJUDICE this action, COUNTS this action as a "strike" for the purposes of 28 U .S.C. § 1915(g), and DIRECTS the Clerk of the Court to send a copy of this Order to the Manager of the Three Strikes List of 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
JERMAINE ANDRE GRANT,
Plaintiff,
VS.
RAFAEL MENCHACA,
Defendant.

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United States District Court
Southern District of Texas

ENTERED
June 25, 2018
David J. Bradley, Clerk

CIVIL NO. 2:18-CV-00018

ORDER
Before the Court is the January 24, 2018, Memorandum and Recommendation (“M&R”) of
the Magistrate Judge to whom this case was referred, Dkt. No. 6, and Plaintiff’s February 7,
2018, objection to the M&R, Dkt. No. 7.
The Court reviews objected-to portions of the 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 arguments that the M&R has not already considered. See Dkt. Nos. 6, 7;
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 M&R in its entirety, Dkt. No. 6, and OVERRULES Plaintiff’s objection, Dkt. No.
7. The Court hereby:
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DISMISSES WITH PREJUDICE this action,



COUNTS this action as a “strike” for the purposes of 28 U.S.C. § 1915(g), and



DIRECTS the Clerk of the Court to send a copy of this Order to the Manager of the Three
Strikes List of the Southern District of Texas at [e-mail].

SIGNED this 25th day of June, 2018.
___________________________________
Hilda Tagle
Senior United States District Judge

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