Southern District of Texas ENTERED UNITED STATES DISTRICT COURT September 21, 202: SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION JOHN MICHAEL CAMPOS, § § Plaintiff, § V. CIVIL ACTION NO. 2:23-CV-00119 JAMES SALES, ef al., : Defendants. ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate Judge Jason Libby’s Memorandum and Recommendation (“M&R”). (D.E. 10). The M&R recommends that the Court dismiss with prejudice Plaintiff's claims against Defendants, (D.E. 1; D.E. 9), until such time as Plaintiff satisfies the conditions set forth in Heck v. Humphrey,

(1994). (D.E. 10, p. 10). The M&R further recommends that the dismissal of this case count as a “strike” for purposes of 28 U.S.C.§ 1915(g). Id. 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,

(5th Cir. 1989) (per curiam); Badaiki v. Schlumberger Holdings Corp.,

, 743-44 (S.D. Tex. 2021) (Eskridge, J.). Having reviewed the proposed findings and conclusions of the Magistrate 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. 10). Accordingly, Plaintiff's

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claims, (D.E. 1; D.E. 9), are DISMISSED with prejudice as frivolous until such time as Plaintiff satisfies the conditions set forth in Heck v. Humphrey,

, 486-87 (1994). Further, the Court ORDERS that the dismissal of this case shall count as a “strike” for purposes of

(g). The Clerk of Court is INSTRUCTED to forward a copy of the M&R, (D.E. 10), to the “Manager of the Three Strikes List for the Southern District of Texas” at [email protected].

SO ORDERED.

D . MORALES UNITED STATES DISTRICT JUDGE

Dated: Corpus Christi, Texas September 20, 2023

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