Rocha v. Doctor Almeida

District Court, S.D. Texas

Rocha v. Doctor Almeida

Trial Court Opinion

Southern District of Texas ENTERED UNITED STATES DISTRICT COURT wena □□ SOUTHERN DISTRICT OF TEXAS BROWNSVILLE DIVISION JOSE ROCHA, JR., § “Plaintiff,” § Vv. : Civil Action No. 1:23-cv-00102 DOCTOR ALMEIDA, et al., ; “Defendants.” § ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Before the Court is the “Magistrate Judge’s Report and Recommendation” (“R&R”) (Dkt. No. 33). The R&R (Dkt. No. 33) recommends this Court sua sponte dismiss Plaintiffs claims and direct the Clerk of the Court to close this case. Objections were due December 19, 2023. Plaintiff did not file any objections. If there have been no objections to the magistrate’s ruling, then the appropriate standard of review is “clearly erroneous, abuse of discretion and contrary to law.” United States v. Wilson,

864 F.2d 121

9, 1221 (5th Cir. 1989). Finding no clear error, abuse of discretion, or finding contrary to law, the R&R (Dt. No. 33) is ADOPTED. Plaintiff's claims against Defendants Rafael Lucio, Corp. Ibarra, Sgt. Tapia, Dr. Almeida, Cameron County Jail nurses, and other unnamed jail officials are DISMISSED with prejudice. Plaintiff's claims against Defendants Corp. Rodrigues and Corp. Ayala are DISMISSED without prejudice. The Clerk of the Court is ORDERED to close this case. Dismissal of this action counts as a strike for purposes of 28 U.S.C.§ 1915(g). The Clerk of the Court is INSTRUCTED to send notice of this dismissal to the Manager of the Strikes List for the Southern District of Texas at Three [email protected]. Plaintiff is WARNED that if he accumulates three strikes, he cannot proceed in forma pauperis in any civil action or appeal, unless he is under imminent danger of serious physical injury. Signed on this dayof_ Neo aire yy, 2024.

ve Roldndo Olvera United States District Judge

Reference

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