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 [e-mail]. (lg2)

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.

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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

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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 [e-mail].
ORDERED on March 26, 2024.
_______________________________
NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE

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