Patterson v. Rose et al, No. 5:2021cv00142 - Document 33 (N.D. Tex. 2022)
Court Description: ORDER ACCEPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE, RE: 29 Findings and Recommendations on 8 Amended Complaint, filed by Perry Patterson. Plaintiff's objections are OVERRULED. The Court ACCEPTS and ADOPTS the F indings, Conclusions, and Recommendation of the United States Magistrate Judge.IT IS THEREFORE ORDERED that Plaintiff's complaint and all claims alleged thereinare DISMISSED with prejudice for failure to state a claim under 28 U.S.C. §§ ; 1915 and 1915A. This dismissal shall count as a qualifying dismissal under 28 U.S.C. §§ 1915 and 1915A 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 feeof $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. Judgment shall be entered accordingly. SO ORDERED. (Ordered by Senior Judge Sam R. Cummings on 11/14/2022) (krr)
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Patterson v. Rose et al Doc. 33 Case 5:21-cv-00142-C Document 33 Filed 11/14/22 Page 1 of 2 PageID 180 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS LUBBOCK DIVISION PERRY PATTERSON, Institutional ID No. 1673 121 $ s s Plaintifl $ s $ CIVIL ACTION NO. 5:21-CV-00142-C $ DR. LINDA ROSE, et a/., $ $ Defendants. $ ORDER ACCE PTING REPORT AND REC OMMENDATION OF THE UNITED STATES MAG ISTRATE JUDGE The United States Magistrate Judge made findings, conclusions, and a recommendation in this case. Plaintiff timely filed objections. de The undersigned Senior United states District Judge has conducted an independent, novo review ofthe relevant portions ofthe record in this case and has examined the findings, conclusions, and recommendations ofthe Magistrate Judge. Plaintiffs objections are oVERRULED. The Court ACCEPTS and ADoPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge. IT IS THEREFORE ORDERED rhat Plaintiffls complaint and all claims alleged therein 1915 and 19154'r are DISMISSED with prejudice for failure to state a claim under 28 U.S.C. $$ This dismissal shall count as a qualising dismissal under 28 u.s.c. $$ 1915 and 1915A and Adepegba v. Hammons,103 F.3d 383 (5th Cir' 1996)' federal or constitutional claim As explained by the Magistrate Judge, the Court finds that Plaintiff failed to state a for property loss or his claims for taw state pursue reliefunder o.l"i ao., not prejuJice ntaintifti right to medical malpractice. r f6, Dockets.Justia.com Case 5:21-cv-00142-C Document 33 Filed 11/14/22 Page 2 of 2 PageID 181 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. see lyilliams v. Roberts, 1 16 F.3d 1126, 1128 (5th Cir. 1997). 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 anda 6-month Certificate of Inmate Trust Account at the same time he files his notice of appeal. Judgment shall be entered accordingly. SO ORDERED. Dated Novembe r '/4,zOZZ. ???7'7 CU or Unite 2 GS tates District J
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