Frias v. Bales et al

Filing 25

ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 18 Report and Recommendation. ORDERED that the civil rights complaint is DISMISSED with prejudice pursuant to 28U.S.C. § 1915A(b)(1). It is further ORDERED that all motions not previously ruled on are DENIED. Signed by Judge Ron Clark on 2/8/2014. (kls, )

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

LUIS RANGEL FRIAS, #14131-078

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VS.

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JOHN MALCOLM BALES, ET AL.

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CIVIL ACTION NO. 4:13cv430

ORDER OF DISMISSAL
Plaintiff Luis Rangel Frias, a federal prisoner confined at the McRae Correctional Facility,
proceeding pro se, filed the above-styled and numbered civil rights lawsuit pursuant to 42 U.S.C.
§ 1983. The complaint was referred to United States Magistrate Judge Amos L. Mazzant, who
issued a Report and Recommendation concluding that the lawsuit should be dismissed. Plaintiff has
filed objections.
The Report of the Magistrate Judge, which contains his proposed findings of fact and
recommendations for the disposition of such action, has been presented for consideration, and 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 the objections of Plaintiff
are without merit. The court specifically notes that it will not entertain frivolous claims by prisoners
couched in terms of the Uniform Commercial Code. The present lawsuit is malicious, frivolous and
fails to state a claim upon which relief may be granted. It is therefore
ORDERED that the civil rights complaint is DISMISSED with prejudice pursuant to 28
U.S.C. § 1915A(b)(1). It is further

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ORDERED that all motions not previously ruled on are DENIED.
Plaintiff is hereby informed that the decision dismissing this cause of action pursuant to 28
U.S.C. § 1915A(b)(1) counts as a strike for purposes of 28 U.S.C. § 1915(g). He is cautioned that
once he accumulates three strikes, he may not proceed IFP either in any civil action or in any appeal
of a civil action which is filed while he is incarcerated or detained in any facility, unless he is under
imminent danger of serious physical injury.
So ORDERED and SIGNED this 8 day of February, 2014.

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Ron Clark, United States District Judge

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