Ventura v. Felts et al

Filing 13

ORDER ACCEPTING AND ADOPTING the findings, conclusions, and recommendations of the Magistrate Judge. The US Magistrate Judge entered a Report and Recommendation on June 3, 2008. No objections were filed. IT IS THEREFORE ORDERED THAT: Pltf's c laims are DISMISSED WITH PREJUDICE AS FRIVOLOUS; Judgment shall be entered accordingly; This dismissal shall count as a qualifying dismissal under 28 USC 1915(g) and Adepegba v. Hammons, 103 F.3d 383 (5th Cir. 1996); Dismissal of this action does not release Pltf or the institution where he is incarcerated from obligation to pay any filing fee previously imposed; Any pending motions are DENIED. A copy of this order shall be sent by first class mail to all parties appearing Pro Se and to any atto rney of record by first class mail or electronic notification. Pltf is advised that if he appeals this Order, he will be required to pay the appeal fee of $455.00 pursuant to the PRLA 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. (Ordered by Judge Sam R Cummings on 12/30/2008) (jkl)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS SAN ANGELO DIVISION FREDDY L. ROMERO VENTURA, Institutional ID No. 21697-057, Plaintiff, V. CHARLES FELTS, Warden of CCA/EDC, et al., Defendant(s). ) ) ) ) ) ) ) ) ) ) ) ORDER The United States Magistrate Judge entered a Report and Recommendation on June 3, 2008. No objections have been filed. The Court accepts and adopts the findings, conclusions, and recommendation of the Magistrate Judge. It is, therefore, ORDERED: 1. Plaintiff's claims against all Defendants for denial of his right to the free exercise

CIVIL ACTION NO. 6:07-CV-050-C ECF

of religion under the First Amendment to the United States Constitution for denial of access to a sweat lodge and for denial of his requests for a transfer to a facility with a sweat lodge are DISMISSED WITH PREJUDICE AS FRIVOLOUS; 2. Plaintiff's claims against Charles Felts, Lee McDaniel, Andrea Madows, and John

Blake for violating his right to due process by denying his administrative grievances and cop-out requests regarding access to a sweat lodge are DISMISSED WITH PREJUDICE AS FRIVOLOUS;

3.

Plaintiff's claims against all Defendants for conspiracy are DISMISSED WITH

PREJUDICE AS FRIVOLOUS; 4. Plaintiff's claims against all Defendants for denial of his right to equal protection

of the laws are DISMISSED WITH PREJUDICE AS FRIVOLOUS; and 5. Plaintiff's claims against the BOP and CCA are DISMISSED WITH

PREJUDICE AS FRIVOLOUS. 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). Any pending motions are DENIED. 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 of appeal. SO ORDERED. Dated December 30, 2008.

_________________________________ SAM R. CUMMINGS UNITED STATES DISTRICT COURT