Evans v. Muro et al

Filing 21

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 18 Memorandum and Recommendations, and DISMISSES WITH PREJUDICE the above-captioned case for failure to state a claim and/or as frivolous. 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. (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
BOBBY DEWAYNE EVANS,

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Plaintiff,
VS.
JAVIER MURO, et al,
Defendants.

September 04, 2018
David J. Bradley, Clerk

CIVIL NO. 2:18-CV-127

ORDER
The

Court

has

received

the

magistrate

judge’s

Memorandum

and

Recommendation (“M&R”), Dkt. No. 18, in which the magistrate judge recommends
that this case be dismissed for failure to state a claim and/or as frivolous. The
deadline to file objections to the M&R has passed, and no objections have been filed.
See FED. R. CIV. P. 72(b) (setting 14-day deadline to object); M&R, Dkt. No. 18 at 15
(advising Plaintiff of the 14-day deadline).
After independently reviewing the record and applicable law, the Court
ADOPTS the M&R, Dkt. No. 18, and 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). 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].
SIGNED this 4th day of September, 2018.
___________________________________
Hilda Tagle
Senior United States District Judge

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