□ Southern District of Texas ENTERED March 22, 2024 UNITED STATES DISTRICT COURT Nathan Ochsner, Clerk SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION JOHN D. PELKO, § § Plaintiff, § § V. § CIVIL ACTION NO. 2:24-CV-0008 § LUIS REYNA, § § Defendant. § ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate Judge Jason Libby’s Memorandum and Recommendation (“M&R”). (D.E. 13). The M&R recommends that the Court dismiss Plaintiff's claims with prejudice and count the dismissal as a “strike” for purposes of 28 U.S.C.§ 1915(g). (D-E. 13, p. 7). 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,

(Sth 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. 13). Accordingly, the Court DISMISSES with prejudice all of Plaintiffs claims, until the Heck conditions are satisfied.'

' See Johnson y. McElveen,

(Sth Cir. 1996) (citing Heck v. Humphrey, 512 477 (1994)). 1/2

(D.E. 1). Further, this dismissal counts as a STRIKE for purposes of § 1915(g). The Clerk of Court is INSTRUCTED to send notice of this dismissal to the Manager of the Three Strike List for the Southern District of Texas at Three [email protected]. A final judgment will be entered separately. SO ORDERED.

DA MORALES UNITED STATES DISTRICT JUDGE

Dated: Corpus Christi, Texas March 21, 2024

242.