Young v. City Of Rockport et al

Filing 23

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 18 Memorandum and Recommendations. (Signed by Judge David S Morales) Parties notified.(ArleneRodriguez, 2)

United States District Court
Southern District of Texas

ENTERED
November 15, 2023

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
PAUL ALLEN YOUNG,
Plaintiff,
V.
CITY OF ROCKPORT, et al.,
Defendants.

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Nathan Ochsner, Clerk

CIVIL ACTION NO. 2:23-CV-00089

ORDER ADOPTING MEMORANDUM & RECOMMENDATION
Before the Court is Magistrate Judge Julie Hampton's Memorandum and Recommendation
("M&R"). (D .E. 18). The M&R recommends that the Court:

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DISMISS with prejudice Plaintiffs false arrest and false imprisonment claims against
the City of Rockport, the City of Aransas Pass, and Aransas County as frivolous until
such time as Plaintiff satisfies the conditions set forth in Heck;
DISMISS with prejudice Plaintiffs claims against Bums, Vanmeador, Solis, Aradt,
Pena, and Browning in their individual capacities- arising from their conduct in
denying Plaintiff addresses or providing wrong addresses- as frivolous or for failure
to state a claim upon which relief can be granted; and
DISMISS with prejudice Plaintiffs municipal liability claims against Aransas
County- arising from [Aransas County Detention Center ("ACDC")] officials denying
Plaintiff addresses or providing wrong addresses- as frivolous or for failure to state a
claim upon which relief can be granted.

Id. at 18. The M&R also recommends that the Court count this dismissal as a strike pursuant to

28 U.S.C. § 1915(g). Id.
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)(l); 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); Badaiki v. Schlumberger

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Holdings Corp. , 512 F. Supp. 3d 741 , 743-44 (S.D. Tex. 2021) (Eskridge, J.) .
Having 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. (D.E. 18). Accordingly, the Court ORDERS
the following:
(1) Plaintiffs false arrest and false imprisonment claims against the City of Rockport; the
City of Aransas Pass; and Aransas County are DISMISSED with prejudice to their
being asserted again until the Heck v. Humphrey, 512 U.S. 477 (1994) conditions are
met. (D.E. 1; D.E. 12).
(2) Plaintiffs claims against ACDC Officers Burns; Vanmeador; Solis; Aradt; Pena; and
Browning in their individual capacities- arising from their conduct in denying Plaintiff
addresses or providing wrong addresses- are DISMISSED with prejudice as
frivolous or for failure to state a claim upon which relief can be granted. (D.E. 1; D.E.
12).
(3) Plaintiffs municipal liability claims against Aransas County- arising from ACDC
officials denying Plaintiff addresses or providing wrong addresses- are DISMISSED
with prejudice as frivolous or for failure to state a claim upon which relief can be
granted. (D.E. 1; D.E. 12).
(4) This dismissal shall COUNT as a STRIKE for purposes of 28 U.S .C. § 1915(g). The
Clerk of Court is INSTRUCTED to send notice of this dismissal to the Manager of the
Three
Strikes
List
for
the
Southern
District
of
Texas
at
Three [e-mail].
SO ORDERED.

DH-.. . JL..J. . J. -,"I . MORALES
UNITED STATES DISTRICT JUDGE

Dated: Corpus Christi, Texas
November Jf"-11"-, 2023

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