Reported / Citable
Background
Robert Troy McClure, a Texas Department of Criminal Justice inmate proceeding without counsel, filed an action under 42 U.S.C. § 1983 against Greg Abbott and other defendants.
The district court referred the matter to U.S. Magistrate Judge Zack Hawthorn. The magistrate judge recommended dismissing the action without prejudice under 28 U.S.C. § 1915(g), and no party filed objections to that recommendation.
The Court’s Holding
After reviewing the report and recommendation, the record, the pleadings, and the available evidence, the district court concluded that the magistrate judge’s factual findings and legal conclusions were correct.
The court adopted the report and recommendation. It stated that a final judgment would be entered separately in accordance with the recommendation to dismiss the action without prejudice.
Key Takeaways
- The court adopted the magistrate judge’s recommendation for dismissal without prejudice under the prisoner-litigation three-strikes provision, 28 U.S.C. § 1915(g).
- No party objected to the report and recommendation.
- The adoption order contemplated a separate final judgment; it did not itself state that the action had already been dismissed.
Why It Matters
The order illustrates the procedural distinction between adopting a magistrate judge’s recommendation and entering final judgment. Here, the court approved the recommendation for dismissal but expressly indicated that judgment would be entered separately.