Lynch v. Davis et al
ORDER entered. The Court ADOPTS the M&R (Dkt No 10) and DISMISSES WITH PREJUDICE Petitioner's complaint for failure to state a claim and/or as frivolous pursuant to 28 USC 1915 e(2)(B) and 1915A(b)(1). The Court therefore INSTRUCTS the Clerk of the Court to send notice of this dismissal to the "Manager of the Three Strikes List for the Southern District of Texas" at Three_Strikes@txs.uscourts.gov.(Signed by Judge Hilda G Tagle) Parties notified.(jtabares, 1)
United States District Court
Southern District of Texas
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
LORIE DAVIS, et al,
March 12, 2018
David J. Bradley, Clerk
CIVIL NO. 2:17-CV-305
The Court has before it the Memorandum and Recommendation (“M&R”) of
the Magistrate Judge to whom this case was referred (Dkt. No. 10) and Plaintiff’s
Objections to the M&R (Dkt. No. 11).
After independently reviewing the record and applicable law, the Court
ADOPTS the M&R (Dkt. No. 10) and DISMISSES WITH PREJUDICE
Petitioner’s complaint for failure to state a claim and/or as frivolous pursuant to 28
U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1). As the Magistrate Judge found, Plaintiff’s
challenge necessarily implies the invalidity of his disciplinary conviction, but that
conviction has not been set aside. The Heck doctrine therefore bars his claims.
This dismissal counts as a “strike” for purposes of 28 U.S.C. § 1915(g), and
the Court therefore INSTRUCTS the Clerk of the Court to send notice of this
dismissal to the “Manager of the Three Strikes List for the Southern District of
Texas” at Three_Strikes@txs.uscourts.gov.
SIGNED this 12th day of March, 2018.
Senior United States District Judge
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