Simmons v. Hooper et al, No. 1:2018cv00069 - Document 31 (N.D. Tex. 2021)
Court Description: ORDER ACCEPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE, re: 30 Findings and Recommendations . The undersigned Senior United States District Judge has reviewed the Report and Recommendation for clear error and finds no ne. IT IS THEREFORE ORDERED that the findings, conclusions and recommendation of the United States Magistrate Judge are ADOPTED as the findings and conclusions of this Court. For the reasons stated therein, Plaintiff's complaint is DISMISSED wi th prejudice as frivolous and for failure to state a claim. This dismissal shall count as a qualifying dismissal (strike) under 28 U.S.C. §1915(e)(2)(8) and l915A(b)(l), and Adepegba v. Hammons, 103 F.3d 383 (5th Cir. 1996). Any pending motions are DENIED. (Ordered by Senior Judge Sam R Cummings on 3/8/2021) (jak) Modified on 3/8/2021 (jak).
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Simmons v. Hooper et al Doc. 31 Case 1:18-cv-00069-C Document 31 Filed 03/08/21 Page 1 of 2 PageID 237 IN THE UNITED STATES DISTRICT COURT FOR THE NOIITHE,RN DISTRICT OF TEXAS ABILENF], DIVISION SHELDON DUWAI.JN SIMMONS, Institutional ID No. 1588486 $ $ $ Plaintifl, $ s $ CIVIL ACTION NO. I :18-CV-00069-C $ TIMO'|HY S. FIOOPER, er a/., s $ $ Def'endant(s). $ ORDER ACCEPTIN G RITPORT AND RECOMMEND ATION OF THE UNITED STATES MAGISTRATE JUDGE Plaintiff, proceeding pro se and in.forma pauperis, filed a civil rights complaint on May 31, 2018. This case was transferred to the docket of the United States Magistrate Judge for screening under 28 U.S.C. $$ 1915 and l9l5A. The United States Magistrate Judge entered a Report and Recommendation on January 13, 2021, recommending that the complaint be dismissed with prejudice as frivolous and for failure to state a claim. Plaintiffdid not file any objection and the time to do so has passed. The undersigned Senior United States District Judge has reviewed the Report and Recommendation for clear error and finds none. IT IS THEREFORE ORDERED that the findings, conclusions and recommendation of the United States Magistrate Judge are ADOPTED as the findings and conclusions ofthis Court. For the reasons stated therein, Plaintiffls complaint and is DISMISSED with prejudice as frivolous and for failure to state a claim. This dismissal shall count as a qualifoing dismissal (strike) under 28 U.S.C. g I9I 5(e)(2)(B) and I 91 5A(b)( I ), and Ade pegba v. Hammons, I 03 F.3d 383 (5th Cir. I 996). Dockets.Justia.com Case 1:18-cv-00069-C Document 31 Filed 03/08/21 Page 2 of 2 PageID 238 Plaintiff is advised that if he appeals this Order, he will be required to pay the appeal fee of $505.00, or he must submit an application to proceed informa pauperis at the same time he files his notice of appeal. Any pending motions are DENIED. Judgment shall be entered accordingly. SO ORDERED. oatedwarch fr ,2021. a't GS or nited District Ju{gq I 2
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