Espericueta v. Palacios et al

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 4 Report and Recommendations, Case terminated on 01/26/18(Signed by Judge Randy Crane) Parties notified.(klopez, 7)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
MCALLEN DIVISION
DEVADIP CARLOS ESPERICUETA
Plaintiff
VS.
AIDA PALACIOS, et al,
Defendants

January 26, 2018
David J. Bradley, Clerk

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§ CIVIL ACTION NO. 7:15-CV-320
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ORDER ADOPTING REPORT AND RECOMMENDATION
Pending before the Court is Plaintiff’s complaint pursuant to 42 U.S.C. ' 1983 (Doc. #1),
which had been referred to the Magistrate Court for a report and recommendation. Also pending
are Plaintiff’s objections (Doc. #5). On December 5, 2017, the Magistrate Court issued the
Report and Recommendation, recommending that Plaintiff’s civil rights claims be summarily
dismissed with prejudice to their being asserted again until such time as the Heck v. Humphrey,
512 U.S. 477 (1994) conditions are met.
Pursuant to Federal Rule of Civil Procedure 72(b), the Court has conducted a de novo
review of the Report and Recommendation. Finding no clearly erroneous error, the Court adopts
the Report and Recommendation in its entirety. Accordingly, it is hereby ORDERED that
Plaintiff’s civil rights claims are summarily DISMISSED with prejudice to their being asserted
again until such time as the Heck conditions are met.
SO ORDERED this 26th day of January, 2018, at McAllen, Texas.

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Randy Crane
United States District Judge

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