Gomez v. Wheeler et al, No. 1:2012cv00084 - Document 11 (N.D. Tex. 2013)

Court Description: Memorandum Opinion and Order. Plaintiff's claims against the Defendants in their individual, official, or supervisory capacities for cruel and unusual punishment in the form of deliberate indifference to health and safety and deprivation of due process of law are DISMISSED WITH PREJUDICE AS FRIVOLOUS. Judgment shall be entered accordingly. This dismissal shall count as a qualifying dismissal under 28 USC § 1915(g) and Adepegba v. Hammons, 103 F3d 383 (5th Cir 1996). Dismissal of this action does not release Plaintiff or the institution where he is incarcerated from the obligation to pay any filing fee previously imposed. See Williams v. Roberts, 116 F3d 1126, 1128 (5th Cir 1997). Any pending motions are denied. Judgment shall be entered accordingly. This dismissal shall count as a qualifying dismissal under 28 USC 1915(g) and Adepegba v. Hammons, 103 F3d 383 (5th Cir 1996). Dismissal of this action does not release Plaintiff or the institution where he is incarcerated from the obligation to pay any filing fee previously imposed. See Williams v. Roberts, 116 F3d 1126, 1128 (5th Cir 1997). Any pending motions are denied. (Ordered by Magistrate Judge E. Scott Frost on 1/31/2013) (rlw)