Mosley v. McConnell Unit

District Court, S.D. Texas

Mosley v. McConnell Unit

Trial Court Opinion

UNITED STATES DISTRICT COURT December 20, 2021 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION

JIMMY DESHAWN MOSLEY, JR, § § Plaintiff, § § VS. § CIVIL ACTION NO. 2:21-CV-00199 § MCCONNELL UNIT, et al., § § Defendants. §

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION TO DISMISS CASE On November 16, 2021, United States Magistrate Judge Jason B. Libby issued a “Memorandum and Recommendation to Dismiss Case” (M&R, D.E. 10). The parties were provided proper notice of, and opportunity to object to, the Magistrate Judge’s M&R. Fed. R. Civ. P. 72(b);

28 U.S.C. § 636

(b)(1); General Order No. 2002-13. No objections have been timely filed. When no timely objection to a magistrate judge’s M&R is filed, the district court need only satisfy itself that there is no clear error on the face of the record and accept the magistrate judge’s M&R. Guillory v. PPG Industries, Inc.,

434 F.3d 303, 308

(5th Cir. 2005) (citing Douglass v. United Services Auto Ass’n,

79 F.3d 1415, 1420

(5th Cir. 1996)). Having reviewed the findings of fact and conclusions of law set forth in the Magistrate Judge’s M&R (D.E. 10), and all other relevant documents in the record, and finding no clear error, the Court ADOPTS as its own the findings and conclusions of the 1 / 2 Magistrate Judge. Accordingly, Plaintiff's complaint is DISMISSED with prejudice as frivolous pursuant to

28 U.S.C. §§ 1915

(e)(2)(B) and 1915A(b)(1). It is ORDERED that this dismissal counts as a “strike” for purposes of

28 U.S.C. § 1915

(g), and the Clerk of Court is INSTRUCTED to send notice of this dismissal to the Manager of the Three Strikes List for the Southern District of Texas at Three_Strikes @txs.uscourts.gov. ORDERED on December 20, 2021. □□□ GONZAIGS RAMOS UNITED STATES DISTRICT JUDGE

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