Jacob Kelly v. Officer Hinijosa, et al.

Southern District of Texas ENTERED UNITED STATES DISTRICT COURT ‘ □□□ 2 ee SOUTHERN DISTRICT OF TEXAS VICTORIA DIVISION JACOB KELLY, § Plaintiff, CIVIL ACTION NO. 6:25-CV-00077 OFFICER HINIJOSA, ef al., Defendants. : ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate Judge Julie K. Hampton’s Memorandum and Recommendation (“M&R”). (D.E. 13). The M&R recommends that the Court: e Dismiss with prejudice Plaintiff's § 1983 claims; e Decline to exercise supplemental jurisdiction over Plaintiffs state law claims of negligence, which should then be dismissed without prejudice; and e Impose a “strike” under 28 U.S.C. § 1915(g) and instruct 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]. /d. at 1--2.

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); Feb. 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), 1/2 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: e DISMISSES with prejudice Plaintiff's § 1983 claims; e DECLINES to exercise supplemental jurisdiction over Plaintiff's state law claims of negligence and DISMISSES those claims without prejudice; 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 Three Strikes List for the Southern District of Texas at Three [email protected].

The Court will enter a final judgment separately.

DA . MORALES UNITED STATES DISTRICT JUDGE Signed: Corpus Christi, Texas February 144026 2i2