6:25-cv-00077•Kelly v. Hinijosa et al
Full text
United States District Court Southern District of Texas ENTERED February 20, 2026 Nathan Ochsner, Clerk Case 6:25-cv-00077 Document 18 Filed 02/19/26 in TXSD Page 1 of 2
Case 6:25-cv-00077 Document 18 Filed 02/19/26 in TXSD Page 2 of 2
OCR transcription for search; preserved printed pages are authoritative
Case 6:25-cv-00077 Document18 ~ Filed 02/19/26 in TXSD UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS VICTORIA DIVISION JACOB KELLY, § § Plaintiff, § § V. § § OFFICER HINIJOSA, ef al., § § Defendants. § Page 1 of 2 United States District Court Southem District of Texas ENTERED February 20, 2026 Nathan Ochsner, Clerk CIVIL ACTION NO. 6:25-CV-00077 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; ¢ Decline to exercise supplemental jurisdiction over Plaintiff's 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 Three_Strikes@txs.uscourts.gov. /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 AUTHENTICATED U.S. GOVERNMENT INFORMATION GPO Case 6:25-cv-00077 Document18- Filed 02/19/26 in TXSD Page 2 of 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 Strikes@txs.uscourts.gov. The Court will enter a final judgment separately. DAVILSS. MORALES UNITED STATES DISTRICT JUDGE Signed: Corpus Christi, Texas February [4 , 2026 2/2
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.