Harriman v. Thaler, Director TDCJ-CID et al

Filing 25

ORDER ADOPTING 22 Report and Recommendations. This civil rights lawsuit is DISMISSED with prejudice. All motions not previously ruled on are hereby DENIED. Signed by Judge Michael H. Schneider on 05/24/13. (mll, )

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

TIMOTHY SCOTT HARRIMAN, #677187

§

VS.

§

RICK THALER, ET AL.

§

CIVIL ACTION NO. 6:13cv357

ORDER OF DISMISSAL
The above-entitled and numbered civil action was heretofore referred to United States
Magistrate Judge Judith K. Guthrie, who issued a Report and Recommendation concluding that the
complaint should be dismissed pursuant to 28 U.S.C. § 1915A(b)(1). 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. It is specifically noted that the Plaintiff is challenging the adequacy
of the law library. His objections did not address the conclusion that the lawsuit should be dismissed
because he failed to show harm, as required by Christopher v. Harbury, 536 U.S. 403, 415 (2002);
Lewis v. Casey, 518 U.S. 343, 351 (1996). In the absence of harm, he does not have a basis for a
potentially meritorious civil rights lawsuit. Therefore the Court hereby adopts the findings and
conclusions of the Magistrate Judge as the findings and conclusions of the Court. It is accordingly

1

ORDERED that the Report and Recommendation (docket entry #22) is ADOPTED. It is
further
ORDERED that the above-styled and numbered civil rights lawsuit is DISMISSED with
prejudice pursuant to 28 U.S.C. § 1915A(b)(1). It is further
ORDERED that all motions not previously ruled on are hereby DENIED.
.

The Plaintiff is hereby informed that the decision dismissing this cause of action as frivolous

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.
It is SO ORDERED.
SIGNED this 24th day of May, 2013.

____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

2