Snelling v. Collier
Snelling v. Collier
Trial Court Opinion
Southern District of Texas ENTERED UNITED STATES DISTRICT COURT November 04, 2021 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION BILLY JOE SNELLING, § Plaintiff, VS. § CIVIL ACTION NO. 2:20-CV-203 BRIAN COLLIER, et ai., : Defendants. ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate Judge Jason Libby’s Memorandum and Recommendation (M&R). (D.E. 17). The M&R recommends that the Court dismiss Plaintiffs claim against Defendant V. Wall. Jd. The parties were 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(Sth 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 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. 17). 1/2
Accordingly, the Court ORDERS the following: (1) The Court DISMISSES with prejudice Plaintiff's claim against Defendant Wall for failure to state a claim and/or as frivolous. (2) Because Plaintiffs remaining claim concerning his current medical treatment at the Choice Moore Unit has been severed and transferred in a separate order to the Sherman Division of the Eastern District of Texas, the Court DISMISSES with prejudice Plaintiff's claims against Defendant Wall pursuant to
28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1). A final judgment will be entered separately. SO ORDERED. LZ | | DA S. MORALES UNITED STATES DISTRICT JUDGE
Dated: Corpus Christi, 7 exas November3™, 2021
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Reference
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