Southern District of Texas ENTERED UNITED STATES DISTRICT COURT November 12, 202C SOUTHERN DISTRICT OF TEXAS David J. Bradley, Clerk CORPUS CHRISTI DIVISION CHRISTOPHER DEMPSEY, § Plaintiff, VS. § CIVIL ACTION NO. 2:20-CV-72 GENE MILLER, et al., Defendants. ORDER ADOPTING MEMORANDUM AND RECOMMENDATION Before the Court is Magistrate Judge Julie K. Hampton’s Memorandum and Recommendation (M&R), entered on July 14, 2020. (D.E. 16). The M&R recommends that the Court (1) dismiss Defendant Gene Miller from this action; (2) dismiss Plaintiffs claims for money damages against Officer Julio De La Cruz in his official capacity as barred by the Eleventh Amendment; and (3) dismiss with prejudice Plaintiffs claim against Defendant for failure to state a claim and/or as frivolous pursuant to

(e)(2)(B) and 1915A(b)(1). (D.E. 16, p. 1). It is further recommended. that the dismissal of this case counts as a “strike” for purposes of

(g). Jd. The parties were provided proper notice of, and the opportunity to object to, the Magistrate Judge’s M&R. See

(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 memorandum and recommendation is clearly erroneous or contrary to law. United States v. Wilson,

(Sth Cir. 1989) (per curiam); Powell v. Litton Loan Servicing, LP, No. CIV. A.

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H-14-2700,

, at *1 (S.D. Tex. June 18, 2015). Having carefully reviewed the proposed findings and conclusions of the Magistrate Judge, the filings of the parties, 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. 16). Accordingly, the Court: (1) DISMISSES Defendant Gene Miller from this action. (2) DISMISSES Plaintiff's claims for money damages against Officer Julio De La Cruz in his official capacity as barred by the Eleventh Amendment. (3) DISMISSES WITH PREJUDICE Plaintiffs claim against Defendant for failure to state a claim and/or as frivolous pursuant to

(e)(2)(B) and 1915A(b)(1). (4) ORDERS that the dismissal of this case be counted as a “strike” for purposes of

(g). SO ORDERED. |

DA . MORALES UNITED STATES DISTRICT JUDGE

Dated: Corpus Christi, Texas November 12, 2020

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