Garza v. Lovington et al, No. 5:2016cv00280 - Document 18 (N.D. Tex. 2017)

Court Description: ORDER: The Court accepts and adopts the findings, conclusions, and recommendation of the Magistrate Judge re: 14 Findings and Recommendations on re: 1 Complaint filed by Johnny Garza. It is, therefore, ORDERED that Plaintiff's complai nt and all claims alleged therein are DISMISSED WITH PREJUDICE AS FRIVOLOUS. This 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 institution where he is incarcerated from the obligation to pay any filing fee previously imposed. Plaintiff is advised that if he appeals this Order, he will be required to pay the appeal fee of $505.00 pursuant to the PLRA, and he must submit an application to proceed informa pauperis and a 6-month Certificate of Inmate Trust Account at the same time he files his notice of appeal. Any pending motions are DENIED. (Ordered by Senior Judge Sam R Cummings on 8/11/2017) (zzm)