Aguilera v. Judge Flannigan

LIOV ARDO AGUILERA,
Plaintiff,
V.
JUDGE FLANNIGAN,
Defendant.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
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CIVIL ACTION NO. 2:25-CV-00149
ORDER ADOPTING MEMORANDUM & RECOMMENDATION
Before the Court is Magistrate Judge Jason Libby's Memorandum and Recommendation
("M&R"). (D.E. 15). The M&R recommends that the Court dismiss Plaintiffs constitutional
claims with prejudice for failure to state a claim and/or as frivolous and impose a "strike" under
28 U.S.C. § 1915(g). (D .E. 15, p. 7-8).
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)(l); Fed. 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 (5th Cir. 1989) (per curiam); Powell v. Litton Loan
Servicing, L.P., No. 4:14-CV-02700, 2015 WL 3823141, at *l (S.D. Tex. June 18, 2015) (Harmon,
J.) (citation omitted).
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. 15). Accordingly, the Court
DISMISSES Plaintiffs constitutional claims with prejudice for failure to state a claim and/or as
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United States District Court
Southern District of Texas
ENTERED
January 06, 2026
Nathan Ochsner, Clerk
Case 2:25-cv-00149 Document 23 Filed 01/06/26 in TXSD Page 1 of 2

frivolous, IMPOSES a "strike" under 28 U.S .C. § 1915(g), and INSTRUCTS the Clerk to send
notice ofthis 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 ·udgment separatel y.
SO ORDERED.
Signed: Corpus Chrj~ti, Texas
January k:!:._-;-2, 026
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DAVI 	. MORALES
UNITED STATES DISTRICT JUDGE
Case 2:25-cv-00149 Document 23 Filed 01/06/26 in TXSD Page 2 of 2