Opinion
Civil Action 1:19-CV-00146-C
06-13-2022
MICHAEL J. ZARATE Institutional ID No. 2153751 Plaintiff, v. BROWN COUNTY SHERIFF'S DEPARTMENT, et al., Defendants.
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Sam R. Cummings Senior United States District Judge
Before the Court are the Findings, Conclusions and Recommendations of the United States Magistrate Judge filed on March 16, 2022, advising the Court that Plaintiffs claims should be dismissed with prejudice under 28 U.S.C. §§ 1915(e)(2) and 1915A(b)(1) as frivolous, as well as Plaintiffs objections filed on May 2, 2022.
The Court conducts a de novo review of those portions of the Magistrate Judge's report or specified proposed findings or recommendations to which a timely objection is made. 28 U.S.C. § 636(b)(1)(C). Portions of the report or proposed findings or recommendations that are not the subject of a timely objection will be accepted by the Court unless they are clearly erroneous or contrary to law. See United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989).
After due consideration and having conducted a de novo review of the relevant portions of the record, the Court finds that Plaintiffs objections should be OVERRULED. The Court has further conducted an independent review of the Magistrate Judge's remaining findings and conclusions and finds no clear error. The Court therefore accepts and ADOPTS the Findings, Conclusions, and Recommendation of the Magistrate Judge.
It is, therefore, ORDERED that Plaintiffs complaint and all civil rights claims alleged therein are DISMISSED WITH PREJUDICE as frivolous.
Judgment shall be entered accordingly.
This dismissal shall count as a qualifying dismissal under 28 U.S.C. § 1915(e)(2)(B) and 1915A(b)(1), and Adepegba v. Hammons, 103 F.3d 383 (5th Cir. 1996). Plaintiff is cautioned that if he accumulates three strikes, he may not proceed in forma pauperis in any civil action or appeal filed while he is incarcerated or detained in any facility unless he is in imminent danger of serious physical injury. See 28 U.S.C. § 1915(g).
Dismissal of this action does not release Plaintiff or the institution where he is incarcerated from the obligation to pay any filing fee previously imposed. See Williams v, Roberts, 116 F.3d 1126, 1128 (5th Cir. 1997).
Plaintiff is advised that if he appeals this Order, he will be required to pay the appeal fee of $505.00 pursuant to the PLRA, and he must submit an application to proceed in forma pauperis and a 6-month Certificate of Inmate Trust Account at the same time he files his notice of appeal.
Any pending motions are DENIED.