Daniels et al v. State of Texas DFPS et al

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 8 Report and Recommendations. The Court ORDERS that the Report and Recommendation of the United States Magistrate Judge, (Dkt. 8 ), is ADOPTED. Plaintiff's claims against Chuck Stermer and Che ryl Marbrey are DISMISSED WITH PREJUDICE as frivolous under 28 U.S.C. § 1915(e)(2). Plaintiffs' claims against the other defendants remain pending and will proceed in this litigation. IT IS FURTHER ORDERED that the Clerk's Office mail a copy of this Order to Plaintiff via certified mail. Signed by Judge Robert Pitman. (pg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
GABRYELLE DANIELS,
Plaintiff,
v.
STATE OF TEXAS DFPS, CHUCK
STERMER, CHERYL MABREY, VICKI
ISRAEL, AMY MONTES, and MELISSA
MCCLURE,
Defendant.

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1:24-CV-1427-RP

ORDER
Before the Court is the report and recommendation from United States Magistrate Judge
Mark Lane concerning Plaintiff Gabryelle Daniels’s (“Plaintiff”) Complaint pursuant to 28 U.S.C. §
1915(e), (Dkt. 1). (R. & R., Dkt. 8). Pursuant to 28 U.S.C. § 636(b) and Rule 1(d) of Appendix C of
the Local Rules of the United States District Court for the Western District of Texas, Judge Lane
issued his report and recommendation on February 7, 2025. (Id.). A copy of the report and
recommendation was sent by certified mail the same day. (Dkt. 9). Plaintiff timely filed objections to
the report and recommendation on February 24, 2025. (Objs., Dkt. 12).
A party may serve and file specific, written objections to a magistrate judge’s findings and
recommendations within fourteen days after being served with a copy of the report and
recommendation and, in doing so, secure de novo review by the district court. 28 U.S.C.
§ 636(b)(1)(C). Because Plaintiff objected to each portion of the report and recommendation, the
Court reviews the report and recommendation de novo. Having done so and for the reasons given in
the report and recommendation, the Court overrules Plaintiff’s objections and adopts the report and
recommendation as its own order.

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Accordingly, the Court ORDERS that the Report and Recommendation of the United
States Magistrate Judge, (Dkt. 8), is ADOPTED. Plaintiff’s claims against Chuck Stermer and
Cheryl Marbrey are DISMISSED WITH PREJUDICE as frivolous under 28 U.S.C. § 1915(e)(2).
Plaintiffs’ claims against the other defendants remain pending and will proceed in this litigation.
IT IS FURTHER ORDERED that the Clerk’s Office mail a copy of this Order to
Plaintiff via certified mail.
SIGNED on March 5, 2025.

ROBERT PITMAN
UNITED STATES DISTRICT JUDGE

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