Lopez v. Biden

District Court, S.D. Texas

Lopez v. Biden

Trial Court Opinion

Southern District of Texas ENTERED UNITED STATES DISTRICT COURT Nocera □□□ SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION SYLVIA SANCHEZ LOPEZ, § § Plaintiff, § V. CIVIL ACTION NO. 2:23-CV-00230 JOE BIDEN, ef al., Defendants. ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate Judge Julie K. Hampton’s Memorandum and Recommendation (““M&R”). (D.E. 5). The M&R recommends that the Court dismiss Plaintiff's case for frivolousness. (D.E. 5, p. 3). The parties were provided proper notice of, and the opportunity to object to, the Magistrate Judge’s M&R. See

28 U.S.C. § 636

(b)(1); FED. R. Clv. 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,

864 F.2d 1219, 1221

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

512 F. Supp. 3d 741

, 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. 5). Accordingly, the Court DISMISSES Plaintiffs case pursuant to 28 U.S.C. 1/2

§ 1915(e)(2)(B). All claims in this action are DISMISSED with prejudice. A final judgment will be entered separately. SO ORDERED. :

DAV. ORALES UNITED STATES DISTRICT JUDGE

Dated: Corpus Christi, ,Yexas December ze vs

2/2

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