Hill v. Fagan, et al

Filing 12

Order: After review, the Report and Recommendation for clear error and, finding none, accepts and adopts the findings, conclusions, and recommendation 11 of the Magistrate Judge. It is ORDERED that Plaintiff's complaint and all claims allege d therein are DISMISSED WITH PREJUDICE as frivolous and for failure to state a claim. Judgment shall be entered accordingly. This dismissal shall count as a qualifying dismissal under 28 U.S.C. § 1915(g). Dismissal of this action does not rel ease Plaintiff or the institution where he is incarcerated from the obligation to pay any filing fee previously imposed. Plaintiff is advised that if he appeals this Order, he will be required to pay the appeal fee of $505.00 pursuant to the PL RA, and he must submit an application to proceed in forma pauperis and a 6-month Certificate of Inmate Trust Account as the same time he files his notice of appeal. Any pending motions are DENIED. (Ordered by Senior Judge Sam R Cummings on 7/3/2018) (jak)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
ABILENE DIVISION
O.C . HILL. , JR. ,
Institutional ID No. 01959540,
SID No. 02226837,
Previous TDCJ ID Nos. 00397416, 00600973 ,

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Plaintiff,

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v.

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LLOYD FAGAN, et al.,

CIVIL ACTION NO.
1: 16-CV-185-C

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Defendant(s).

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ORDER

The United States Magistrate Judge entered a Report and Recommendation on
June 4, 2018, and as of this date, no objections have been filed ofrecord.
The undersigned United States District Judge has reviewed the Report and
Recommendation for clear error and, finding none, accepts and adopts the findings, conclusions,
and recommendation of the Magistrate Judge.
It is, therefore, ORDERED that Plaintiffs complaint and all claims alleged therein are
DISMISSED WITH PREJUDICE as frivolous and for failure to state a claim.

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).

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 informa

pauperis and a 6-month Certificate of Inmate Trust Account at the same time he files his notice
of appeal.
Any pending motions are DENIED.
Dated July

~ , 2018.

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