Chapman v. McElwain
Chapman v. McElwain
Trial Court Opinion
UNITED STATES DISTRICT COURT April 12, 2023 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION CALEB AARON CHAPMAN, § § Plaintiff, § § VS. § Civil Case No. 2:22-CV-00134 § CONNIE MCELWAIN and 156TH § DISTRICT COURT JUDGE JOHNSON, § § Defendants. § ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Pending before the Court is the September 1, 2022, Memorandum and Recommendation (“M&R”) prepared by Magistrate Judge Mitchel Neurock. (Dkt. No. 15). Magistrate Judge Neurock made findings and conclusions and recommended that, per the screening requirements of the Prison Litigation Reform Act, Plaintiff’s Complaint be dismissed with prejudice. (Id.). The Parties were provided proper notice and the opportunity to object to the M&R. See
28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). No party filed an objection. As a result, review is straightforward: plain error. Guillory v. PPG Indus., Inc.,
434 F.3d 303, 308(5th Cir. 2005). No plain error appears. Accordingly, the Court accepts the M&R and adopts it as the opinion of the Court. It is therefore ordered that: (1) Magistrate Judge Neurock’s M&R, (Dkt. No. 15), is ACCEPTED and ADOPTED in its entirety as the holding of the Court; and (2) Plaintiff’s Complaint, (Dkt. No. 1), is DISMISSED WITH PREJUDICE. It is SO ORDERED. Signed on April 12, 2023.
DREW B. TIPTON UNITED STATES DISTRICT JUDGE
Reference
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