Smith v. Gonzales

Filing 13

ORDER. It is, therefore, ORDERED that Plaintiff's complaint and all claims alleged therein are DISMISSED WITH PREJUDICE as frivolous and for failure to state a claim. Judgment shall be entered accordingly. Any pending motions are DENIED. (Ordered by Senior Judge Sam R Cummings on 2/26/2018) (jmc)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
ABILENE DIVISION
DAVID WAYNE SMITH,
Institutional ID No. 2010208,

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Plaintiff,

v.
LINDA GONZALES ,
Defendant(s).

CIVIL ACTION NO.
1: 17-CV -093-C

ORDER
The United States Magistrate Judge entered a Report and Recommendation on
February 2, 2018 , and as ofthis date, no objections have been filed of record.
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 oflnmate Trust Account at the same time he files his notice
of appeal.
Any pending motions are DENIED.
Dated February

2J.._, 2018.

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