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)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS ABILENE DIVISION ROSS BRANTLEY, III, (TDCJ # 0181307), § § § § § § § § § 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 2

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