West v. Putman et al

Filing 12

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 9 Memorandum and Recommendations; and DISMISSES WITH PREJUDICE Plaintiff's complaint for failure to state a claim and/or as frivolous. This dismissal counts as a "strike" for purpos es of 28 U.S.C. § 1915(g). The Court therefore DIRECTS the Clerk 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.(scavazos, 1)

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United States District Court Southern District of Texas ENTERED IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION MICHAEL RAY WEST, Plaintiff, VS. KENNETH H. PUTMAN JR., et al, Defendants. § § § § § § § § September 04, 2018 David J. Bradley, Clerk CIVIL NO. 2:18-CV-71 ORDER The Court has received the Memorandum and Recommendation (“M&R”) of the magistrate judge, Dkt. No. 9. The time to file objections to the M&R has passed, and no objections have been filed.1 After reviewing the filings and applicable law, the Court ADOPTS the M&R, Dkt. No. 9, and DISMISSES WITH PREJUDICE Plaintiff’s complaint for failure to state a claim and/or as frivolous under 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1). This dismissal counts as a “strike” for purposes of 28 U.S.C. § 1915(g). The Court therefore DIRECTS the Clerk 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. Final Judgment will be entered separately. SIGNED this 4th day of September, 2018. ___________________________________ Hilda Tagle Senior United States District Judge Plaintiff filed a letter asking the Court to assist Plaintiff in identifying various prison officials. Dkt. No. 11. This letter does not respond to the M&R or address the merits of Plaintiff’s claim, and the Court takes no action in response to the letter. 1 1/1

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