Williams v. Willams et al, No. 3:2012cv00705 - Document 18 (N.D. Tex. 2012)
Court Description: ORDER Accepting 9 Findings and Recommendations of the United States Magistrate Judge and Dismissing Plaintiff's false arrest claim against Defendant Williams and all claims against Defendants Dallas Police Department, Officer Shelley, and the City of Dallas with prejudice as frivolous. (Ordered by Judge David C Godbey on 8/28/2012) (axm)
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Williams v. Willams et al Doc. 18 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION CARLOS S. WILLIAMS, Plaintiff, v. QUAITEMES WILLIAMS, et al., Defendants. § § § § § § § 3:12-CV-0705-N (BK) ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE The United States Magistrate Judge made findings, conclusions and a recommendation in this case. Plaintiff/Petitioner filed objections, and the District Court has made a de novo review of those portions of the proposed findings and recommendation to which objection was made. The objections are overruled. The Court ACCEPTS the Findings, Conclusions and Recommendation of the United States Magistrate Judge, and DISMISSES Plaintiff’s false arrest claim against Defendant Williams and all claims against Defendants Dallas Police Department, Officer Shelley, and the City of Dallas with prejudice as frivolous. See 28 U.S.C. §§ 1915(e)(2) and 1915A(b). The partial dismissal of this case will count as a “strike” or “prior occasion” within the meaning 28 U.S.C. § 1915(g).2 Section1915(g), commonly known as the “three strikes” provision, provides: “[i]n no event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding under this section, if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury.” 2 Dockets.Justia.com SO ORDERED this 28th day of August, 2012. ________________________________ UNITED STATES DISTRICT JUDGE
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