Bangmon v. Lance et al

Filing 22

ORDER OF DISMISSAL terminating 15 MOTION/APPLICATION to Proceed In Forma Pauperis. Case terminated on 3/22/18 (Signed by Judge George C Hanks, Jr) Parties notified.(dperez, 3)

United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
JERRY LENEZ BANGMON,
TDCJ #01568309,
Plaintiff,
VS.
HENRY LANCE, et al.,
Defendants.

March 22, 2018
David J. Bradley, Clerk

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§ CIVIL ACTION NO. 3:17-CV-138
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ORDER OF DISMISSAL

The plaintiff, Jerry Lenez Bangmon (TDCJ #01568309), filed a prisoner civil
rights complaint under 42 U.S.C. § 1983, concerning a prison disciplinary proceeding.
He included claims against Officer Henry Lance and Officer Shenika Kelly that were
unrelated to the disciplinary proceeding. In an Order entered on January 22, 2018, the
Court dismissed the complaint concerning the prison disciplinary case for failure to state
a claim (Dkt. 19). Concluding that the claims against Officer Lance and Officer Kelly
were improperly joined, the Court retained the claims against Officer Kelly and severed
the claims against Officer Lance into a separate case. See Bangmon v. Lance, Civil No.
3-18-cv-0019 (S.D. Tex.). In doing so, the Court ordered Bangmon to pay the filing fee
in each action within thirty days (Dkt. 19, p. 6).

Bangmon has filed a response,

indicating that he does not wish to proceed with his claims against Officer Kelly (Dkt.
21).

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The Court construes Bangmon’s response as a motion for voluntary dismissal
under Rule 41(a) of the Federal Rules of Civil Procedure. That motion (Dkt. 21) is
GRANTED. It is ORDERED that the claims against Officer Kelly are DISMISSED
without prejudice. All pending motions in this case are terminated. A separate final
judgment will issue.
The Clerk will provide a copy of this Order to the plaintiff.
SIGNED at Galveston, Texas, this 22nd day of March, 2018.
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George C. Hanks Jr.
United States District Judge

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