Garza v. Pizer
Garza v. Pizer
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:19-cv-00070 Raul Villegas Garza, Plaintiff, V. John Pizer, Defendant. Before BARKER, District Judge ORDER Plaintiff, an inmate in the custody of the Texas Department of Criminal Justice, proceeding pro se and in forma pauperis, filed this case pursuant to
42 U.S.C. § 1983. Doc. 1. United States Magistrate Judge K. Nicole Mitchell issued a report and recommendation concluding that plaintiff's claims should be dismissed with prejudice pursuant to 28 U.S.C. § 1915A(b)(1) until the Heck conditions are met. Doc. 5. Plaintiff received the report and recommendation on October 23, 2019. Doc. 6. Plaintiff has not objected to the report and recommendation. Douglass v. United States Servs. Auto. Ass’n,
79 F.3d 1415, 1420(5th Cir. 1996) (en banc). There being no clear error, the court adopts the report and recommendation as the opinion of the court. Therefore, all claims contained in plaintiff's complaint are dismissed with prejudice. Those claims may not be asserted again until the Heck conditions are met. Heck v. Humphrey,
512 U.S. 477(1994). Any pending motions are denied. The clerk of the court is di- rected to close the case. So ordered by the court on February 10, 2020. fake BARKER United States District Judge
Reference
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