Summary
This United States District Court order reviews a magistrate judge’s report and recommendation regarding Plaintiff Matthew Andrew Garces’s civil action. After conducting a de novo review of the filed objections, the court found them without merit and accepted the magistrate judge’s findings. Consequently, the court overruled the objections, dismissed the plaintiff’s claims with prejudice pursuant to 28 U.S.C. § 1915(e), and closed the case.
Topics
Practice areas
Questions Presented
- Whether the district court must conduct a de novo review of the portions of a magistrate judge’s report and recommendation that are objected to.
- Whether the plaintiff’s claims should be dismissed with prejudice.
Holdings
- The district court must conduct a de novo review of the portions of the report and recommendation to which an objection is made; frivolous, conclusory, or general objections need not be considered.
- The plaintiff’s claims are dismissed with prejudice.
Key quotations
“When a party objects to a magistrate judge’s report and recommendation, the district court must conduct a de novo review as to those portions of the report and recommendation to which an objection is made.” (at 1)
Factual background
Plaintiff Matthew Andrew Garces brought civil rights claims in the Western District of Texas. The magistrate judge issued a report and recommendation, which the plaintiff objected to.
Procedural history
Magistrate Judge issued a report and recommendation; plaintiff filed objections; district court reviewed de novo and entered an order.