FILED May 12, 2023 UNITED STATES DISTRICT COURT DISTRICL □□ TEXAS WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION py PT DEPUTY RYAN SIMMONS, § § Plaintiff, § § v. § CIVIL NO. SA:23-CV-00334-OLG § SHERIFF JAVIER SALAZAR, ET AL., § § Defendants. § ORDER Before the Court is United States Magistrate Judge Elizabeth S. Chestney’s Report and Recommendation (R&R), which recommends that Plaintiff Ryan Simmons’s motion to proceed in forma pauperis (IFP) be granted but that Plaintiff’s proposed Complaint be dismissed pursuant to 28 ULS.C. § 1915(e). (See Dkt. No. 3.) Plaintiff was served with a copy of the R&R, see Dkt. No. 6, and the time to object has passed. The Court has thus reviewed the R&R to determine whether it is clearly erroneous or contrary to law. See United States v. Wilson,

(Sth Cir. 1989). It is not. Accordingly, the Court concludes that the R&R should be accepted. It is therefore ORDERED that Magistrate Judge Chestney’s Report and Recommendation (Dkt. No. 3) is ACCEPTED. It is further ORDERED that, for the reasons stated in the R&R, Plaintiff’s motion to proceed IFP (Dkt. No. 1) is GRANTED but Plaintiff’s Complaint (Dkt. No. 1-1) is DISMISSED. This case is CLOSED. It isso ORDERED.

SIGNED this 12th day of May, 2023. VW \ \ ORLANDO L. GARCIA United States District Judge