Williams v. Willams et al, No. 3:2012cv00705 - Document 26 (N.D. Tex. 2012)
Court Description: Order Accepting 19 Findings and Recommendations of U.S. Magistrate Judge. (Ordered by Judge David C Godbey on 10/26/2012) (jrr)
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Williams v. Willams et al Doc. 26 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, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE The United States Magistrate Judge made findings, conclusions and a recommendation in this case. No objections were filed. The District Court reviewed the proposed findings, conclusions and recommendation for plain error. Finding none, the Court ACCEPTS the Findings, Conclusions and Recommendation of the United States Magistrate Judge, and DISMISSES Plaintiff’s excessive force claim against Defendant Williams with prejudice for failure to state a claim upon which relief can be granted. 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).1 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.” 1 Dockets.Justia.com SO ORDERED this 26th day of October, 2012. ________________________________ UNITED STATES DISTRICT JUDGE
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