Brantley v. CMC Medical

Filing 25

Order Accepting Findings and Recommendations re: 22 MOTION for Summary Judgment is denied. It is further ORDERED that Plaintiff's complaint and all claims alleged therein are DISMISSED WITH PREJUDICE pursuant to 28 USC 1915A(b)(1) and 28 USC 1915(e)(2)(B)(I) and(ii). (Ordered by Senior Judge Sam R Cummings on 7/14/2016) (jgf)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
ABILENE DIVISION

ROSS BRANTLEY, III,
(TDCJ # 0181307),

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Plaintiff,
v.
CMC MEDICAL,
Defendant.

CIVIL ACTION NO.
1:15-CV-075-C
ECF

ORDER
The United States Magistrate Judge entered a Report and Recommendation on June 9,
2016, and Plaintiff filed his objections on June 27, 2016.
The undersigned United States District Judge has made an independent examination of
the record in this case and has examined the findings, conclusions, and recommendations of the
Magistrate Judge as well as the specific objections of the Plaintiff. The Court finds that
Plaintiff’s objections should be overruled in all things, and the Court accepts and adopts the
findings, conclusions, and recommendation of the Magistrate Judge.
It is therefore ORDERED that the May 27, 2016 Motion for Summary Judgment is
DENIED.
It is further ORDERED that Plaintiff’s complaint and all claims alleged therein are
DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. § 1915A(b)(1) and 28 U.S.C.
§ 1915(e)(2)(B)(i) and (ii).
Judgment shall be entered accordingly.

This dismissal shall count as a qualifying dismissal under 28 U.S.C. § 1915(g) 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. See Williams v.
Roberts, 116 F.3d 1126, 1128 (5th Cir. 1997).
A copy of this order shall be sent to all parties appearing pro se by first class mail and to
any attorney of record by first class mail or electronic notification.
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 in forma
pauperis and a 6-month Certificate of Inmate Trust Account at the same time he files his notice
of appeal.
Any other pending motions are DENIED.
Dated 14th day of July, 2016.

SAM R. CUMMINGS
Senior United States District Judge

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