Southern District of Texas ENTERED UNITED STATES DISTRICT COURT February 15, 2022 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION

NEIL JAY MUKHERJEE, § Plaintiff, : VS. CIVIL ACTION NO. 2:21-CV-00061 RODOLFO A GARCIA JR, et al., : . Defendants. : ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate ratee Jason Libby’s Memorandum and Recommendation (M&R). (D.E. 31). The.M&R recommends that the Court grant Defendant Officer West’s Motion to Dismiss. Jd; (D.E. 26). Further, the M&R recommends that the Court dismiss certain other claims for relief pursuant to

(e)(2)(B). (D.E. 31). 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) (Harmon, J.). Having carefully reviewed the proposed findings and conclusions of the Magistrate _ 1/2

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. 31). Accordingly, the Court ORDERS the following: (1) Defendant West’s Motion to Dismiss is GRANTED (D.E. 26); (2) Plaintiffs claims for money damages against Defendant West in his official capacity are DISMISSED as barred by the Eleventh Amendment; (3) Plaintiffs claims against Defendant West are DISMISSED with prejudice for failure to state a claim for relief and because he is entitled to qualified immunity as a matter of law; (4) Plaintiff's claims for money damages against Defendant Garcia in his official capacity are DISMISSED as barred by the Eleventh Amendment pursuant to

(e)(2)(B); and (5) Plaintiffs claims seeking injunctive relief against Defendants are DISMISSED with prejudice as moot pursuant to

(e)(2)(B). SO ORDERED. & MORALES UNITED STATES DISTRICT JUDGE

Dated: Corpus Christi, Texas February [ft L 2022

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