Bean v. The State of Texas

District Court, S.D. Texas

Bean v. The State of Texas

Trial Court Opinion

UNITED STATES DISTRICT COURT May 11, 2023 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION

JOSEPH LEE BEAN, § § Plaintiff, § § VS. § Civil Case No. 2:23-CV-00039 § THE STATE OF TEXAS, JUAN J. NUNEZ,§ WAYNE DOUGLAS HARRIS and PETER § JUAREZ, § § Defendants. §

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Pending before the Court is the April 13, 2023, Memorandum and Recommendation (“M&R”) prepared by Magistrate Judge Mitchel Neurock. (Dkt. No. 12). Magistrate Judge Neurock made findings and conclusions and recommended that Plaintiff’s complaint be dismissed pursuant to the Prison Litigation Reform Act’s screening requirement. (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. 12), 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 May 11, 2023.

DREW B. TIPTON UNITED STATES DISTRICT JUDGE

Reference

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