□ Southern District of Texas ENTERED UNITED STATES DISTRICT COURT | October 21, 2021 : SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION QUIRINO TORRES, § : § Plaintiff, § VS. § CIVIL ACTION NO. 2:21-CV-140 § ALL DISTRICT COURT JUDGES OF § 156TH BEE COUNTY, et al., § . § Defendants. § ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate Judge Julie Hampton’s Memorandum and Recommendation (M&R). (D.E. 11). The M&R recommends that the Court retain the case and dismiss certain claims. 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 M&R 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. 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. 11). 1/2

Accordingly, the Court ORDERS the following: (1) The Court RETAINS the claims against Kimberly Clark and Zenaida Silva in their individual capacities.

_ (2) The Court DIMISSES with prejudice Plaintiff's claims against all Defendants in their official capacities. □ (3) Plaintiff's claims related to his request for habeas corpus relief are DIMISSED without prejudice; Plaintiff may file a

habeas petition after _ properly exhausting available state remedies.

. (4) Plaintiff's remaining claims against the remaining Defendants are DIMISSED with prejudice as frivolous and/or failure to state a claim pursuant to

(e)(2)(B) and 1915A(b)(1).

SO ORDERED. . . DA . MORALES . UNITED STATES DISTRICT JUDGE

Dated: Corpus Christi, Texas October Lo**> , 2021

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