Pelko v. Officer Mixon et al

Filing 33

ORDER ADOPTING MEMORANDUMAND RECOMMENDATION TO DISMISS CASE WITH PREJUDICE re: 30 Memorandum and Recommendations, (Signed by Judge Nelva Gonzales Ramos) Parties notified. Notice sent of this dismissal to the Manager of the Three Strikes List for the Southern District of Texas at (lg2)

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United States District Court Southern District of Texas ENTERED UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION JOHN D PELKO, Plaintiff, VS. OFFICER MIXON, et al., Defendants. § § § § § § § § § March 26, 2024 Nathan Ochsner, Clerk CIVIL ACTION NO. 2:23-CV-00282 ORDER ADOPTING MEMORANDUM AND RECOMMENDATION TO DISMISS CASE On February 26, 2024, United States Magistrate Judge Jason B. Libby issued his “Memorandum and Recommendation to Dismiss Case” (D.E. 30). Plaintiff was provided proper notice of, and opportunity to object to, the Magistrate Judge’s memorandum and recommendation. Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1); General Order No. 200213. No objections have been timely filed. When no timely objection to a magistrate judge’s memorandum and recommendation is filed, the district court need only satisfy itself that there is no clear error on the face of the record and accept the magistrate judge’s memorandum and recommendation. Guillory v. PPG Indus., Inc., 434 F.3d 303, 308 (5th Cir. 2005) (citing Douglass v. United Servs. Auto Ass’n, 79 F.3d 1415, 1420 (5th Cir. 1996)). Having reviewed the findings of fact and conclusions of law set forth in the Magistrate Judge’s memorandum and recommendation (D.E. 30), and all other relevant 1/2 documents in the record, and finding no clear error, the Court ADOPTS as its own the findings and conclusions of the Magistrate Judge. Accordingly, the Court 1. DISMISSES WITH PREJUDICE all of Plaintiff’s claims against Defendants for failure to state a claim pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1); and 2. ORDERS that the dismissal of this case counts as a “STRIKE” for purposes of 28 U.S.C. § 1915(g) and INSTRUCTS the Clerk of Court to send notice of this dismissal to the Manager of the Three Strikes List for the Southern District of Texas at ORDERED on March 26, 2024. _______________________________ NELVA GONZALES RAMOS UNITED STATES DISTRICT JUDGE 2/2

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