Collins v. Texas Department of Family and Protective Services et al, No. 5:2019cv00219 - Document 19 (N.D. Tex. 2020)
Court Description: ORDER ACCEPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGERE4: 14 Findings and Recommendations on 1 Complaint, filed by Bennie L. Collins. IT IS THEREFORE ORDERED that the findings, conclusions and recommendation of the Un ited States Magistrate Judge are ADOPTED as the findings and conclusions of this Court. For the reasons stated therein, Plaintiff's complaint is DISMISSED with prejudice as frivolous and for failure to state a claim. (Ordered by Senior Judge Sam R. Cummings on 6/22/2020) (krr)
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Collins v. Texas Department of Family and Protective Services et al Doc. 19 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTR]CT OF TEXAS LUBBOCK DIVISION BENNIE L. COLLINS, Institutional ID No. l3 I 6764 $ $ $ Plaintiff, $ $ $ CIVIL ACTION NO. 5:19-CV-00219-C $ TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES, eral., $ $ $ Defendant. $ ORDER ACCEPTING REPORT AND R.E,COMMENDATION OF THE UNITED STATES MAGISTRATE.ruDGE Plaintiff proceeding pro se and in forma pauperis, filed a civil rights complaint on October 5,2019. This case was transferred to the docket ofthe United States Magistrate Judge for screening under 28 U.S.C. $$ a Report and Recommendation on l9l5 and l9l5A. The United States Magistrate Judge entered April 22,2020, recommending that the complaint be dismissed with prejudice as frivolous and for failure to state a claim. Plaintiff did not file any objection and the time to do so has passed.l The undersigned Senior United States District Judge has reviewed the Report and Recommendation for clear error and finds none. IT IS THEREFOR-E 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, PlaintifPs complaint is DISMISSED with prejudice as flivolous and for failure to state a claim. I After the Report and Recommendation was entered, the only pleading filed by Plaintiffwas a letter to the Clerk on May 1,2020, asking permission to amend the reliefrequested to seek damages in the amount of"$3.5 million" &om all Defendants. Dockets.Justia.com This dismissal shall count as a qualifring dismissal (strike) under 28 U.S.C. $ 1915(e)(2)(B) and 1915A(bXl),and,Adepegbav. Hammons,103 F.3d 383 (sth Cir. 1996). Plaintiffis 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 in.forma pauperis at the same time he files his notice of appeal. Any pending motions are DENIED. Judgment shall be entered accordingly. SO ORDERED. DatedJrrrre )Z2o2o. ,| tj C orU GS States Di I 2
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