Grizzle v. Robles et al, No. 5:2022cv00132 - Document 19 (N.D. Tex. 2023)

Court Description: Order Accepting Report and Recommendation of the United States Magistrate Judge re: 17 Findings and Recommendations on re: 1 Complaint filed by Robert Grizzle. The Court orders Plaintiff's claims for declaratory relief are DISMIS SED without prejudice for lack of standing. Plaintiff's remaining claims--except his First Amendment and procedural due process claims against Defendants Rene Robles, Clementene Olvera, Ruben Garcia, and Bryson Mclntire based on their alleg ed confiscation of pictures of women and magazines-are DISMISSED with prejudice under 28 U.S.C. §§ 1915(e)(2)(B) and 1915A. There is no just reason for delay in entering a final judgment and final judgment should be entered as to the abov e-named Defendants and claims pursuant to Federal Rule of Civil Procedure 54(b). The Clerk shall transmit to the Attorney General a copy of this Order, together with a copy of Plaintiff's Complaint (Doc. 1), Questionnaire responses (Doc. 11), and the Report and Recommendation (Doc. 17). The documents shall be transmitted by email to the appropriate email addresses at the Office of the Attorney General for the State of Texas. See Fed. R. Civ. P. 5(b)(2)(E). Judgment pursuant to Rule 54(b) shall be entered accordingly. (Ordered by Senior Judge Sam R Cummings on 10/30/2023) (bdg)

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Grizzle v. Robles et al Doc. 19 IN THE UNITED STATES DISTIIICT COURT FOR THE NOIi.THEIIN DISTIUCT OF TEXAS LUBI}OCK DIVISION ROBERT GRIZZLE, Institutional ID No. 1998719, $ $ $ Plaintiffl, $ $ $ CIVIL ACTION NO. 5:22-CV-00 I 32-C $ RENE ROBLES, er a/., $ $ Defendants. $ ORDER ACCEPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE The United States Magistrate Judge made findings, conclusions, and a recommendation in this case. No objections were filed. The Court reviewed the Report and Recommendation of the Magistrate Judge for plain error. Finding none, the Court ACCEPTS and ADOPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge. IT IS THEREFORE ORDERED that l) Plaintifls claims for declaratory relief are DISMISSED without prejudice for lack of standing. 2) Plaintiff s remaining claims----e xcept his First Amendment and procedural due process claims against Defendants Rene Robles, Clementene Olvera, Ruben Garcia, and Bryson Mclntire based on their alleged confiscation of pictures of women and magazines-are DISMISSED with prejudice under 28 U.S.C. $$ l9l5(eX2Xe) and l9l5,{. 3) There is no just reason lor delay in entering a final judgment and final judgment should be entered as to the above-named Defendants and claims pursuant to Federal Rule of Civil Procedure 54(b). 4) Plaintifls First Amendment and procedural due process claims against Defendants Rene Robles, Clementene Olvera, Ruben Garcia, and Bryson Mclntire will proceed with service of process as follows: Dockets.Justia.com The Clerk shall transmit to the Attorney General a copy of this Order, together with a copy of Plaintif{'s Complaint (Doc. l), Questionnaire responses (Doc. I l), and the Report and Recommendation (Doc. l7). The documents shall be transmitted by email to the appropriate email addresses at the Office of the Attorney General for the State ofTexas. See Fed. R. Civ. P. 5(bX2XE). Deiendants Robles, Olvera, Garcia, and Mclntire shall each file an answer or other responsive pleading within 30 days of the date of service of this Order. is no longer employed by TDCJ and will not be contacted and represented by the Attorney General's Office, the Assistant Attorney General assigned to this case shall provide the Court with each such defendant's last known address, IJNDER SEAL WITHOUT A MOTION, on or before the date on which the defendant's ansrver is otherwise due. Ifany defendant Judgment pursuant to Rule 54(b) shall be entered accordingly. SO ORDERED. ,5 Dated 3o 2023. SA CU cnt or IJnite ) GS tates District Ju

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