UNITED STATES DISTRICT COURT June 21, 2022 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION

RODRIGO VALENCIA VELAZQUEZ, § § Plaintiff, § § VS. § CIVIL ACTION NO. 2:21-CV-00268 § UNKNOWN PARTIES, et al., § § Defendants. §

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION TO DISMISS CASE

On May 3, 2022, United States Magistrate Judge Julie K. Hampton issued her “Memorandum and Recommendation to Dismiss Case” (M&R, D.E. 31). Plaintiff was provided proper notice of, and opportunity to object to, the Magistrate Judge’s M&R. Fed. R. Civ. P. 72(b);

(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.,

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

(5th Cir. 1996)). Having reviewed the findings of fact and conclusions of law set forth in the Magistrate Judge’s M&R (D.E. 31), 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 Magistrate Judge. Accordingly, the Court: (1) DISMISSES WITHOUT PREJUDICE Plaintiff's claims against Officer Morales, Lieutenant Mathews, SIS Operator Machada, and Unknown Parties, based on incidents occurring at FCI-Coleman, FCI-Atlanta, FCI-Bennettsville, FCI-Victorville, and FCI-Pollock due to improper joinder and improper venue; (2) DISMISSES WITH PREJUDICE Plaintiff's claims against FCI- Three Rivers and the South Regional Office of the BOP in their official capacities; (3) DISMISSES WITH PREJUDICE Plaintiff's Eighth Amendment claims for failure to protect against Unknown Parties (referenced in the Second Amended Complaint as a captain and other officials) in their individual capacities for failure to state a claim for relief; and (4) DISMISSES WITH PREJUDICE Plaintiff's additional incoherent and irrational claims as frivolous and/or for failure to state a claim for relief. The Court further ORDERS that this dismissal COUNTS as a “strike” for purposes of

(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 June 21, 2022. cpl GONZAIGS RAMOS UNITED STATES DISTRICT JUDGE

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