Mungia v. Bell et al

Filing 9

ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATION for 7 Report and Recommendation. ORDERED that Plaintiff's complaint is DISMISSED with prejudice pursuant to 28 U.S.C.§ 1915(g). It is further ORDERED that any and all motions not yet addressed are hereby DENIED. Signed by Judge Richard A. Schell on 8/31/2013. (kls, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

RAMON MUNGIA

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VS.

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FNU BELL, ET AL.

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CIVIL ACTION NO. 4:10cv710

ORDER OF DISMISSAL
The above-entitled and numbered civil action was heretofore referred to United States
Magistrate Judge Don D. Bush. The Report of the Magistrate Judge, which contains proposed
findings of fact and recommendations for the disposition of such action, has been presented for
consideration and the magistrate judge recommends that this case be dismissed pursuant to the
“three strikes” provision of 28 U.S.C. § 1915(g). Plaintiff has filed objections, but the objections
do not address the basis of the Magistrate Judge’s recommendation. Instead, it essentially restates
Plaintiff’s original complaint.
See docket entry #8.
Having made a de novo review of the objections raised by Plaintiff to the Report, the court
is of the opinion that the findings and conclusions of the Magistrate Judge are correct and Plaintiff’s
objections are without merit. Accordingly, the court adopts the findings and conclusions of the
Magistrate Judge as the findings and conclusions of the court. It is therefore

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ORDERED that Plaintiff’s complaint is DISMISSED with prejudice pursuant to 28 U.S.C.
§ 1915(g). It is further
ORDERED that any and all motions not yet addressed are hereby DENIED.

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SIGNED this the 31st day of August, 2013.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

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