Cardenas-Lira v. Banker et al

Filing 19

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 12 Memorandum and Recommendations and DISMISSES WITH PREJUDICE Plaintiff's civil rights action as frivolous. The Court therefore DIRECTS the Clerk of the Court to forward a copy of this Order to the Manager of the Three Strikes List. The Court SANCTIONS Plaintiff $100.00 for filing this frivolous civil rights action and bars Cardenas-Lira from filing any civil actions in this Court without first satisfying the monetary sanction imposed and obtaining the permission of a district court or magistrate judge to proceed.(Signed by Judge Hilda G Tagle) Parties notified.(scavazos, 1)

United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
JOSE FERNANDO CARDENAS-LIRA,
Plaintiff,
VS.
CHARLES A. BANKER III, et al,
Defendants.

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May 13, 2019
David J. Bradley, Clerk

CIVIL NO. 2:18-CV-144

ORDER
The Court is in receipt of the Magistrate Judge’s Memorandum and
Recommendation (“M&R”) to dismiss case and to impose sanctions, Dkt. No. 12;
Plaintiff Jose Fernando Cardenas-Lira’s (“Cardenas-Lira”) response to the M&R,
Dkt. No. 14; and Cardenas-Lira’s Supplemental Objections, Dkt No. 17.
After independently reviewing the record and applicable law, the Court
ADOPTS the M&R, Dkt. No. 12, and DISMISSES WITH PREJUDICE Plaintiff’s
civil rights action as frivolous pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and
1915A(b)(1) until such time as Plaintiff satisfies the conditions set forth in Heck.
This dismissal counts as a “strike” for purposes of 28 U.S.C. § 1915(g). The Court
therefore DIRECTS the Clerk of the Court to forward a copy of this Order to the
Manager of the Three Strikes List for the Southern District of Texas at
[e-mail]. The Court SANCTIONS Plaintiff $100.00 for
filing this frivolous civil rights action and bars Cardenas-Lira from filing any civil
actions in this Court without first satisfying the monetary sanction imposed and
obtaining the permission of a district court or magistrate judge to proceed.
SIGNED this 13th day of May 2019.
___________________________________
Hilda Tagle
Senior United States District Judge

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