LIOVARDO AGUILERA v. JUDGE FLANNIGAN

Southern District of Texas ENTERED UNITED STATES DISTRICT COURT January 06, 2026 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION LIOVARDO AGUILERA, § Plaintiff, v. CIVIL ACTION NO. 2:25-CV-00149 JUDGE FLANNIGAN, Defendant. : ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate Judge Jason Libby’s Memorandum and Recommendation (“M&R”). (D.E. 15). The M&R recommends that the Court dismiss Plaintiffs constitutional claims with prejudice for failure to state a claim and/or as frivolous and impose a “strike” under 28 U.S.C. § 1915(g). (D.E. 15, p. 7-8).

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. 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, 864 F.2d 1219, 1221 (Sth Cir. 1989) (per curiam); Powell v. Litton Loan Servicing, L.P., No. 4:14-CV-02700, 2015 WL 3823141, at *1 (S.D. 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. 15). Accordingly, the Court DISMISSES Plaintiff's constitutional claims with prejudice for failure to state a claim and/or as 1/2 frivolous, 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 Three Strikes List for the Southern District of Texas at [email protected]. The Court will enter a final judgment separately.

SO ORDERED.

DAVID'S. MORALES UNITED STATES DISTRICT JUDGE Signed: Corpus Christi, Texas January L026 2/2