Summary
The United States District Court for the Southern District of Texas adopted a magistrate judge’s Memorandum and Recommendation without objection. The court denied Plaintiff’s motion to proceed in forma pauperis, dismissed the complaint without prejudice, denied the motion for a preliminary injunction as moot, and ordered notice to the district’s Three Strikes List manager.
Court
United States District Court for the Southern District of Texas, Corpus Christi Division
Jurisdiction
United States District Court for the Southern District of Texas, Corpus Christi Division
Decision date
April 7, 2026
Docket number
2:26-CV-0029
Disposition
dismissed
Questions Presented
- What standard of review applies when no timely objection is filed to a magistrate judge's memorandum and recommendation?
- Whether the magistrate judge's recommendation should be adopted when the district court finds it neither clearly erroneous nor contrary to law.
- Whether Plaintiff's motion to proceed in forma pauperis should be denied, the complaint dismissed without prejudice, and the motion for preliminary injunction denied as moot.
Holdings
- When no timely objection is filed, the district court need only determine whether the magistrate judge's memorandum and recommendation is clearly erroneous or contrary to law.
- The district court may adopt an unobjected-to memorandum and recommendation in its entirety when, after review, it is not clearly erroneous or contrary to law.
- Plaintiff's motion to proceed in forma pauperis was denied, the complaint was dismissed without prejudice, and the motion for preliminary injunction was denied as moot.
Court Document
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