Escolona et al v. TDCJ

Filing 12

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: #8 Memorandum and Recommendations (Signed by Judge David S Morales) Parties notified.(legarza, 2)

Case 2:20-cv-00290 Document 12 Filed on 01/07/21 in TXSD Page 1 of 2
United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
JULIO ESCOLONA, et al.,
Plaintiffs,
VS.
RYAN COLLIER, et al.,
Defendants.

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January 07, 2021
Nathan Ochsner, Clerk

CIVIL ACTION NO. 2:20-CV-290

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
Before the Court is Magistrate Judge Julie Hampton’s Memorandum and
Recommendation (M&R). (D.E. 8). The parties were provided proper notice of, and the
opportunity to object to, the Magistrate Judge’s M&R. See 28 U.S.C. § 636(b)(1); FED. R.
CIV. P. 72(b); General Order No. 2002-13. No objection has been filed. When no timely
objection has been filed, the district court need only determine whether the Magistrate
Judge’s M&R is clearly erroneous or contrary to law. United States v. Wilson, 864 F.2d
1219, 1221 (5th Cir. 1989) (per curiam); Powell v. Litton Loan Servicing, LP, No. CIV. A.
H-14-2700, 2015 WL 3823141, at *1 (S.D. Tex. June 18, 2015).
Having carefully reviewed the proposed findings and conclusions of the Magistrate
Judge, the filings of the parties, the record, and the applicable law, and finding that the
M&R is not clearly erroneous or contrary to law, the Court ADOPTS the M&R in its
entirety (D.E. 8). Accordingly, the Court ORDERS:
(1) That only Plaintiff Julio Escolona proceed in this action.
(2) That Plaintiffs Isidro Rodriguez, Rogelio Rodriguez, Giovanni Dastych, Jorge
Sanchez, and Jorge Rodriguez are DISMISSED without prejudice from this
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Case 2:20-cv-00290 Document 12 Filed on 01/07/21 in TXSD Page 2 of 2

action to maintain each plaintiff’s right to file a new complaint on the appropriate
form for filing a 42 U.S.C. § 1983 complaint along with either full payment of
the filing fee or a motion seeking leave to proceed in forma pauperis.
(3) The Clerk of Court is DIRECTED to TERMINATE Plaintiffs Isidro
Rodriguez, Rogelio Rodriguez, Giovanni Dastych, Jorge Sanchez, and Jorge
Rodriguez from the docket sheet.

SO ORDERED.

DAVID S. MORALES
UNITED STATES DISTRICT JUDGE

Dated: Corpus Christi, Texas
January 7, 2021

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