Johnson v. Thaler et al

Filing 44

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 41 Report and Recommendations, granting 39 MOTION for Summary Judgment filed by Frederick Gooden, Dennis Martin, Rick Thaler, Frank Warner, Shaylon Allen. Signed by Judge David Folsom on 9/7/11. (mrm, )

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

ANTHONY SCOTT JOHNSON, #1024898 §
VS.

§

RICK THALER, ET AL.

CIVIL ACTION NO. 5:11cv9

§
ORDER OF DISMISSAL

Plaintiff Anthony Scott Johnson, an inmate confined at the Telford Unit of the Texas prison
system, proceeding pro se, filed the above-styled and numbered civil rights lawsuit. The complaint
was referred to United States Magistrate Judge Caroline M. Craven, who issued a Third Report and
Recommendation concluding that the Defendants’ motion for summary judgment should be granted.
The Plaintiff has filed objections.
The Report of the Magistrate Judge, which contains her 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 the 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
the Plaintiff are without merit. Therefore the findings and conclusions of the Magistrate Judge are
adopted as the findings and conclusions of the Court. It is accordingly
ORDERED that the Defendants’ motion for summary judgment (docket entry #39) is
GRANTED. It is further
ORDERED that complaint is DISMISSED with prejudice pursuant to Fed. R. Civ. P. 56.
and 28 U.S.C. § 1915A(b)(1). It is further

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ORDERED that all motions by either party not previously ruled on are hereby DENIED.
Finally, the Plaintiff is hereby informed that the decision dismissing this cause of action as
frivolous and malicious counts as a strike for purposes of § 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. He is further placed on notice that sanctions may be imposed
against him if he files any new lawsuits that are frivolous or malicious.

SIGNED this 7th day of September, 2011.

____________________________________
DAVID FOLSOM
UNITED STATES DISTRICT JUDGE

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