Christopher Dale Havens v. Sheriff’s Department of Aransas County, et al.

District Court, S.D. Texas

Christopher Dale Havens v. Sheriff’s Department of Aransas County, et al.

Trial Court Opinion

| Southern District of Texas | ENTERED UNITED STATES DISTRICT COURT □□ 2088 SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION | CHRISTOPHER DALE HAVENS, § Plaintiff, : ve ; CIVIL ACTION NO. 2:24-CV-00283 □□ SHERIFF’S DEPARTMENT OF ARANSAS : COUNTY, ef al., . § Defendants. ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate Judge Mitchel Neurock’s Memorandum and Recommendation (“M&R”). (D.E. 26). The M&R recommends that the Court: e Dismiss Plaintiff's official capacity claims without prejudice: .e Dismiss Plaintiffs’ remaining claims with prejudice as frivolous, malicious, or for failure to state a claim upon which relief may be granted; and e Impose a “strike” under

28 U.S.C. § 1915

(g) and instruct the Clerk to send notice of this dismissal tothe Manager of the Three Strikes List for the Southern District of Texas at [email protected].

Id. at 57

. 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. Crv. P. 72(b); cee 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 scones or contrary to law. United States v. Wilson,

864 F.2d 1219, 1221

(5th Cir. 1989) (per sia Powell v. Litton Loan ! Servicing, L.P., No. 4:14-CV-02700,

2015 WL 3823141

, at *1 (SD. Tex. June 18, 2015) (Harmon, J.) (citation omitted). .

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. 26). Accordingly, the Court: e DISMISSES without prejudice Plaintiffs official capacity claims; e DISMISSES with prejudice Plaintiff's remaining claims as frivolous, malicious, or for failure to state a claim upon which relief may be granted; and e IMPOSES a “strike” under

28 U.S.C. § 1915

(g) and instructs the Clerk to send notice of this dismissal to the Manager of the Thre Strikes List for the Southern District of Texas at [email protected]. gor. The Court will enter a final judgment separately. SO ORDERED. \ /

DAVIBSS.MORALES UNITED STATES DISTRICT JUDGE Signed: Corpus Christi, Texas October 1942025

Reference

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