Marshall v. Menchaca et al

Filing 28

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 18 Memorandum and Recommendations. The Court DISMISSES WITH PREJUDICE the above-captioned case for failure to state a claim and/or as frivolous and DISMISSES WITHOUT PREJUDICE Defendant Texas Depa rtment of Criminal Justice (TDCJ). This dismissal counts as a strike for purposes of 28 U.S.C. § 1915(g). The Court therefore INSTRUCTS the Clerk to send notice of this dismissal to the Manager of the Three Strikes List for the Southern District of Texas at [e-mail]. The Court will direct entry of final judgment separately. (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
ROMARCUS DEON MARSHALL,
Plaintiff,
VS.
RAFAEL MENCHACA, et al,
Defendants.

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October 25, 2018
David J. Bradley, Clerk

CIVIL NO. 2:18-CV-44

ORDER
The Court has received Plaintiff’s Amended Complaint, Dkt. No. 17; the
magistrate judge’s May 3, 2018 Memorandum and Recommendation (M&R), Dkt.
No. 18; and Plaintiff’s objections to the M&R, Dkt. No. 21. The M&R recommends
that the Court dismiss with prejudice Plaintiff’s action and count the dismissal as a
“strike” for the purposes of 28 U.S.C. § 1915(g). Dkt. No. 18 at 1–2. On May 29,
2018, Plaintiff filed an objection to the M&R. Dkt. No. 21.
The Court reviews objected-to portions of the magistrate judge’s proposed
findings and recommendations de novo. 28 U.S.C. § 636(b)(1). After independently
reviewing the filings, the record, and applicable law, the Court ADOPTS the M&R,
Dkt. No. 18. Accordingly, the Court DISMISSES WITH PREJUDICE the abovecaptioned case for failure to state a claim and/or as frivolous under 28 U.S.C. §§
1915(e)(2)(B) and 1915A(b)(1), and DISMISSES WITHOUT PREJUDICE
Defendant Texas Department of Criminal Justice (TDCJ).

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This dismissal counts as a “strike” for purposes of 28 U.S.C. § 1915(g). The
Court therefore INSTRUCTS the Clerk to send notice of this dismissal to the
Manager of the Three Strikes List for the Southern District of Texas at
[e-mail]. The Court will direct entry of final judgment
separately.
SIGNED this 25th day of October, 2018.
___________________________________
Hilda Tagle
Senior United States District Judge

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