Myers v. CCPD

District Court, S.D. Texas

Myers v. CCPD

Trial Court Opinion

UNITED STATES DISTRICT COURT March 27, 2020 SOUTHERN DISTRICT OF TEXAS David J. Bradley, Clerk CORPUS CHRISTI DIVISION

TOWNSEL MYERS, § § Plaintiff, § § CIVIL ACTION NO. 2:20-CV-20 v. § § CCPD, § § Defendant

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION

Before the Court is Magistrate Judge Julie Hampton’s Memorandum and Recommendation (M&R), entered on March 2, 2020. (D.E. 11). The M&R recommends that the Court dismiss Plaintiff’s complaint (D.E. 1) with prejudice for failure to state a claim for relief and as frivolous pursuant to

28 U.S.C. § 1915

(e)(2)(B). (D.E. 11, p. 4). Plaintiff was provided proper notice of, and the opportunity to object to, the Magistrate Judge’s M&R. See

28 U.S.C. § 636

(b)(1); 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); Powell v. Litton Loan Servicing, LP, No. CIV. A. H-14-2700,

2015 WL 3823141

, at *1 (S.D. Tex. June 18, 2015). Having carefully reviewed the proposed findings and conclusions of the Magistrate Judge, 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 in its entirety. (D.E. 11). Accordingly, Plaintiff’s complaint (D.E. 1) is DISMISSED WITH PREJUDICE. The Clerk of Court is ORDERED to administratively CLOSE this case.

SIGNED and ORDERED this 27th day of March 2020.

DAVID S. MORALES UNITED STATES DISTRICT JUDGE

Reference

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