Welch v. Texas Tech University Health Services Center et al

Filing 23

ORDER ADOPTING 20 REPORT AND RECOMMENDATION. It is ORDERED that Plaintiff's complaint and all claims alleged therein are DISMISSED WITH PREJUDICE AS FRIVOLOUS and for failure to state a claim. This dismissal shall count as a qualifying dism issal 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. A cop y of this order shall be sent by first class mail to all parties appearing pro se and to any attorney of record by first class mail or electronic notification. cc: Betty Parker - Eastern District of Texas. (Ordered by Judge Sam R Cummings on 7/27/2011) (bdg)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
LUBBOCK DIVISION
DONNY RAY WELCH,
TDCJ ID No. 1375713.
SID No. 7441051,

Plaintifl
CIVIL ACTION NO.

V.

5:10-CV-077-C
ECF

TEXAS TECH UNIVERSITY HEALTH
SERVICES CENTER. et al..
Defendant(s).

ORDER
The United States Magistrate Judge entered a Report and Recommendation on June 1,

20II,

and Plaintiff filed his objections on

June27,20lI.

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 specif,rc objections of the Plaintiff. The Court finds that

Plaintiff s objections should be ovemrled in all things, and the Court accepts and adopts the
findings, conclusions, and recommendation of the Magistrate Judge.

It is, therefore, ORDERED that Plaintiff s complaint and all claims alleged therein
DISMISSED WITH PREJUDICE AS FRIVOLOUS and for failure to state a claim.
Judgment shall be entered accordingly.

This dismissal shall count as a qualiffing dismissal under 28 U.S.C. $ 1915(g) and
Adepegbav. Hammons, 103 F.3d 383 (5th Cir. 1996).

are

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
Roberts,

1

16 F.3d 1126,

v.

ll28 (5th Cir. 1997).

A copy of this order shall be sent by first class mail to all parties appearing pro

se 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 $455.00 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
ofappeal.
Any pending motions are DENIED.
Dated

July

?'l

,2011.

MMINGS