Casterline v. Gutierrez et al

Filing 15

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 8 Memorandum and Recommendations and DISMISSES WITH PREJUDICE Plaintiff's complaint for failure to state a claim and/or as frivolous. The Court DENIES 14 Plaintiff's Motion to Order Complaint Returned to Magistrate Judge to Develop Res Judicata. The Court DIRECTS 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].(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
DEAMUS TROY CASTERLINE,

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Plaintiff,
VS.
DAVID GUTIERREZ, et al,
Defendants.

May 01, 2018
David J. Bradley, Clerk

CIVIL NO. 2:18-CV-59

ORDER
The Court has received the Magistrate Judge’s Memorandum and
Recommendation (“M&R”), Dkt. No. 8, Plaintiff’s objections, Dkt. No. 13, and
Plaintiff’s “Motion to Order Complaint Returned to Magistrate Judge to Develop
Res Judicata,” Dkt. No. 14.
After independently reviewing the record and applicable law, the Court
ADOPTS the M&R, Dkt. No. 8. The Court agrees with the Magistrate Judge that
caselaw forecloses the relief that Plaintiff seeks. The Court therefore DISMISSES
WITH PREJUDICE Plaintiff’s complaint for failure to state a claim and/or as
frivolous pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1). This dismissal
counts as a “strike” for purposes of 28 U.S.C. § 1915(g), and the Court DIRECTS
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 also DENIES Plaintiff’s “Motion to Order Complaint Returned to
Magistrate Judge to Develop Res Judicata,” Dkt. No. 14.
SIGNED this 1st day of May, 2018.
___________________________________
Hilda Tagle
Senior United States District Judge

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