IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

§ MAXIMILLIAN D. SMITH, § Plaintiff, § § CASE NO. 1:25-CV-01561-ADA-DH v. § § MANVILLE WATER SUPPLY § CORPORATION, § Defendant. §

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Before the Court is the Report and Recommendation of United States Magistrate Judge Dustin Howell (Dkt. 10) regarding application to proceed in forma pauperis (Dkt. 2), and on the merits of his claims pursuant to

(e). The report and recommendation was filed on November 4, 2025. Judge Howell recommended that the District Court GRANTS Plaintiff Smith’s application to proceed in forma pauperis (Dkt. 2), and DISMISS Smith’s causes of action with prejudice pursuant to

(e)(2)(B). The report further recommends that the District Court DENY AS MOOT Smith’s remaining pending motions. This Court hereby adopts Judge Howell’s Recommendations. A party may file specific, written objections to the proposed findings and recommendations of the magistrate judge within fourteen days after being served with a copy of the report and recommendation, thereby securing de novo review by the district court.

(b); Fed. R. Civ. P. 72(b). A district court need not consider “[f]rivolous, conclusive, or general objections.” Battle v. U.S. Parole Comm’n,

(5th Cir. 1987) (quoting Nettles v. Wainwright,

, 410 n.8 (5th Cir. 1982) (en banc), overruled on other grounds by Douglass v. United States Auto. Ass’n,

(Sth Cir. 1996)). Plaintiff Smith filed objections on November 14, 2025 (Dkt. 13). The Court has conducted de novo review of the Report and Recommendation, the objections to the report and recommendation, and the applicable laws. After that thorough review, the Court is persuaded that the Magistrate Judge’s findings and recommendations should be adopted. IT IS THEREFORE ORDERED that the Report and Recommendation of United States Magistrate Judge Howell (Dkt. 10) is ADOPTED. IT IS FURTHER ORDERED that Plaintiff's objections are OVERRULED. IT IS FURTHER ORDERED that Smith’s application to proceed in forma pauperis (Dkt. 2) is GRANTED. IT IS FURTHER ORDERED that Smith’s causes of actions are hereby DISMISSED WITH PREJUDICE to refiling of the same, pursuant to

(e)(2)(B). IT IS FURTHER ORDERED that Smith’s remaining pending motions are hereby DENIED-AS-MOOT. The Clerk of the Court is directed to CLOSE this case.

SIGNED this 18" day of November, 2025.

Oe ONrox eh ALAN D ALBRIGHT UNITED STATES DISTRICT JUDG