Melendez v. Doe No 1
Melendez v. Doe No 1
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS LUBBOCK DIVISION MARK ANTHONY MELENDEZ, Institutional ID No. 2344000 Plaintiff, V. No. 3:21-CV-00060-H DOE DEFENDANT NO. 1, etal, Defendants. ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE The United States Magistrate Judge made findings, conclusions, and a recommendation in this case. Plaintiff filed objections,’ and the Court conducted a de novo review of the relevant portions of the record and the Magistrate Judge’s report. The Court concludes the Magistrate Judge’s findings and conclusions are correct. Thus, Plaintiffs objections are overruled, and the Court accepts and adopts the findings, conclusions, and recommendation of the Magistrate Judge. The Court therefore orders that Plaintiffs complaint and all federal claims alleged within it are dismissed with prejudice under
28 U.S.C. §§ 1915(e)(2)(B) and 1915A for failure to state a claim. The Court declines to exercise supplemental jurisdiction over any state-law claims for defamation and any such claims are dismissed without prejudice. This dismissal will count as a qualifying dismissal or “strike” under
28 U.S.C. § 1915and Adepegba v. Hammons,
103 F.3d 383(Sth Cir. 1996).
' Plaintiff admitted that he filed his objections a few days late. (Dkt. No. 18.) He explained his tardiness, however, and asked that it be excused. (Jd.) The Court, therefore, accepts the late-filed objections.
All relief not expressly granted and any pending motions are denied. The court will enter judgment accordingly. So ordered. Dated Seve SO 2022. / oy, JAMES WESLEY AENDRIX United States District Judge
Reference
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