Finley v. Livingston et al

Filing 38

ORDER of Dismissal - Base on the analysis set forth in the 6/14/2010 Report and Recommendation, and plaintiff's Notice of Nonsuit, the Civil Rights Complaint is dismissed with prejudice as frivolous. ADOPTING 33 Report and Recommendation. (Ordered by Judge Mary Lou Robinson on 8/3/2010) (djs)

Finley v. Livingston et al

Doc. 38

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS AMARILLO DIVISION __________________________________________ JAICOURRIE FINLEY, PRO SE, TDCJ-CID No. 1354674, § § § Plaintiff, § § v. § § BRAD LIVINGSTON, BRUCE ZELLER, § JOHN ADAMS, BENJAMIN GARIEPY, § DEBRA DENTON, BONNIE MCKIBBAN, § BRIAN CLARK, JOHN JOWERS, § RAYMOND SOTO, LEVIN FULLER, § COLLIENE WALTZ, JEFFEREY BROWN, § KIMBERLY ROWELL, § MATTHEW BORUNDA, KIP ADAMS, § TIMOTHY KING, JOE PONDER, § DARRELL NASH, RICHARD FERNANDES, § RALPH FLETCHER, and § MELINDA FLETCHER, § § Defendants. §

2:10-CV-0073

ORDER OF DISMISSAL Plaintiff JAICOURRIE FINLEY, while a prisoner confined in the Texas Department of Criminal Justice, Correctional Institutions Division, filed suit pursuant to Title 42, United States Code, section 1983 complaining against the above-referenced defendant and has been granted permission to proceed in forma pauperis. On June 14, 2010, a Report and Recommendation was issued by the United States Magistrate Judge recommending dismissal for failure to state a claim on which relief can be granted.

Dockets.Justia.com

On June 24, 2010, plaintiff filed a Notice of Nonsuit stating he wished to withdraw his lawsuit. No answer or responsive pleading has been filed by the proposed defendants. Consequently, a grant of plaintiff's motion to dismiss appears appropriate under Rule 41(a)(1)(A)(i), Federal Rules of Civil Procedure. While the Court will not prevent plaintiff from dismissing his suit, nonetheless, it should not facilitate behavior designed to flout the three "strikes" provision of the Prison Litigation Reform Act. IT IS HEREBY ORDERED: Based on the analysis set forth in the June 14, 2010 Report and Recommendation, and plaintiff's Notice of Nonsuit, the Civil Rights Complaint filed by plaintiff JAICOURRIE FINLEY is DISMISSED WITH PREJUDICE AS FRIVOLOUS. LET JUDGMENT BE ENTERED ACCORDINGLY. The Clerk will mail a copy of this Order to the plaintiff and to any attorney of record by first class mail. It is SO ORDERED. Signed this the 3rd day of August, 2010.

/s/ Mary Lou Robinson MARY LOU ROBINSON United States District Judge

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