Summary
dismissing as frivolous a municipal liability claim when the plaintiff only alleged one improper police action, which was committed against him, in arguing that the police department had adopted an unconstitutional policy or custom
Summary of this case from Butler v. City of Dall.Opinion
Civil Action No. 3:12-cv-4863-O
05-17-2013
MICAH RAY ALLEN, ID #1816390, Plaintiff, v. OFFICER BURNETT, et al., Defendants.
INTERLOCUTORY JUDGMENT
This action came on for consideration by the Court, and the issues having been duly considered and a decision duly rendered, it is ORDERED, ADJUDGED and DECREED that:
1. Plaintiff's claims against the Garland Police Department are DISMISSED with prejudice as frivolous pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b). This dismissal will count as a "strike" or "prior occasion" within the meaning 28 U.S.C. § 1915(g). Pursuant to Fed. R. Civ. P. 54(b), the court expressly determines that there is not just reason for delay and directs the Clerk of the Court to enter this as a final judgment for these claims against the defendants.
2. The Clerk of the Court shall mail a copy of this Judgment and the Order Accepting the Findings and Recommendation of the United States Magistrate Judge to plaintiff.
SO ORDERED on this 17th day of May, 2013.
/s/ _________
Reed O'Connor
UNITED STATES DISTRICT JUDGE