Linthicum v. Bexar County Detention

District Court, W.D. Texas

Linthicum v. Bexar County Detention

Trial Court Opinion

UNITED STATES DISTRICT COURT JuFneI 1L4E, 2D023 WESTERN DISTRICT OF TEXAS CLERK, U.S. DISTRICT COURT SAN ANTONIO DIVISION WESTERN DISTRICT OF TEXAS NM JOHN LINTHICUM, § BY: ________________________________ DEPUTY § Plaintiff, § § v. § § CIVIL NO. SA:23-CV-00007-OLG BEXAR COUNTY DETENTION, § UNIVERSITY HEALTH CARE § DETENTION SERVICES, § § Defendants. §

ORDER Before the Court is United States Magistrate Judge Richard B. Farrer’s Report and Recommendation (R&R), which recommends that this case be dismissed for failure to state a non- frivolous claim pursuant to

28 U.S.C. § 1915

(e) and for failure to prosecute or comply with a court order pursuant to Federal Rule of Civil Procedure 41(b). (Dkt. No. 8.) Plaintiff was served with a copy of the R&R, see Dkt. No. 9, and the time to object has passed.1 The Court has thus reviewed the R&R to determine whether it is clearly erroneous or contrary to law. See United States v. Wilson,

864 F.2d 1219, 1221

(5th Cir. 1989). It is not. Accordingly, the Court concludes that the R&R should be accepted.

1A party desiring to object to a magistrate judge’s findings and recommendations must file and serve written objections within fourteen days after being served with the recommendations.

28 U.S.C. § 636

(b)(1)(C); Fed. R. Civ. P. 72(b)(2). Service is made to the last-known address of the party, and service by mail is complete upon mailing. Fed. R. Civ. P. 5(b)(2)(C). It is therefore ORDERED that Magistrate Judge Farrer’s Report and Recommendation (Dkt. No. 8) is ACCEPTED. It is further ORDERED that Plaintiff’s claims are DISMISSED. This case is CLOSED. It is so ORDERED.

SIGNED this 14th day of June, 2023. 5 \- _ ORLANDO L. GARCIA United States District Judge

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