Mireles v. MTC Willacy County Regional Detention Facility

District Court, S.D. Texas

Mireles v. MTC Willacy County Regional Detention Facility

Trial Court Opinion

Southern District of Texas ENTERED UNITED STATES DISTRICT COURT _ August 12, 2020 _ SOUTHERN DISTRICT OF TEXAS David J. Bradley, Clerk BROWNSVILLE DIVISION □ RODOLFO MIRELES, § Plaintiff, § , §. v. § Civil Action No. 1:19-cv-00197 ~

_ MTC WILLACY COUNTY REGIONAL § DETENTION FACILITY, § VALLEY BAPTIST MEDICAL CENTER, § UNITED STATES MARSHALS § . SERVICE, and § DUSM LARA, § Defendants. , § ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Before the Court is the “Magistrate Judge’s Report and Recommendation” (“R&R”) - (Docket No. 19). The R&R recommended this Court deny Rodolfo Mireles’ (“Plaintiff”) “Application to Proceed in District Court Without Prepaying Fees or Costs” (“IFP Application’) (Docket No. 2) and dismiss with prejudice his “Prisoner Pro Se Complaint for Violation of Civil Rights” (“Complaint”) (Docket No. 1). Objections were due August 10, 2020. No objections were filed by either party. A “clearly erroneous, abuse of discretion and contrary to law” standard of review is appropriate when there has been no objection to the magistrate’s ruling. United States v. Wilson,

864 F.2d 1219, 1221

(5th Cir. 1989). Finding no clear error, abuse of discretion; or finding contrary to law, the R&R is ADOPTED. >

As a result, Plaintiff's IFP Application (Docket No. 2) is DENIED and his Complaint (Docket No. 1) is DISMISSED WITH PREJUDICE. The District Clerk’s Office is ORDERED to close this case. .

_ Signed on this - Lath day of Au ust , 2020.

xl Olvera / United States District Judge /

Reference

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