Banargent v. Little

Filing 23

Order Adopting Findings and Recommendations re: 21 Findings and Recommendations on Case re: 1 Complaint, filed by Robert Lee Banargent. Plaintiffs civil rights claims are hereby DISMISSED without prejudice as barred by the three strikes provision of 28 U.S.C. § 1915(g). Plaintiffs habeas claims are DENIED. The Clerk of Court shall open and close a habeas action under 28 U.S.C. § 2254 for statistical purposes. (Ordered by Judge Reed C O'Connor on 12/4/2012) (trt)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
WICHITA FALLS DIVISION

ROBERT LEE BANARGENT,
TDCJ #1337759,
Plaintiff,

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v.
L. LITTLE, COIV,
Defendant.

Civil No. 7:12-CV-195-O-BL

ORDER ACCEPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
After making an independent review of the pleadings, files and records in this case, of the
Report and Recommendation of the United States Magistrate Judge, and of Plaintiff’s “Instructions”
(Doc. No. 22), I am of the opinion that the Report and Recommendation of the Magistrate Judge is
correct and it is hereby adopted and incorporated by reference as the Findings of the Court.
Plaintiff’s civil rights claims are hereby DISMISSED without prejudice as barred by the three
strikes provision of 28 U.S.C. § 1915(g).
Plaintiff’s habeas claims are DENIED.
The Clerk of Court shall open and close a habeas action under 28 U.S.C. § 2254 for
statistical purposes.
SO ORDERED this 4th day of December, 2012.

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Reed O’Connor
UNITED STATES DISTRICT JUDGE