Dean v. Prieto et al, No. 5:2011cv00013 - Document 31 (N.D. Tex. 2013)

Court Description: Order Adopting Report and Recommendations, ORDER DISMISSING CASE AS FRIVOLOUS. The undersigned United States District Judge has made an independent examination of the record in this case and has examined the findings, conclusions, and recommendatio ns of the Magistrate Judge. The Court accepts and adopts the findings, conclusions, and recommendation of the Magistrate Judge. It is, therefore, ORDERED that Plaintiff's complaint and all claims alleged therein are DISMISSED WITH PREJUDICE AS FRIVOLOUS. Judgment shall be entered accordingly. The dismissal shall count as a qualifying dismissal under 28 U.S.C. 1915(g) and Adepegba v. Hammons, 103 F.3d 383 (5th Cir. 1996). Dismissal of this action does not release Plaintiff or the instit ution where he is incarcerated from the obligation to pay any filing fee previously imposed. Any pending motions are DENIED. re: 26 Findings and Recommendations on re: 1 Complaint, filed by Marcell Deon Dean. (Ordered by Judge Sam R Cummings on 9/26/2013) (lkw)