Opinion
CIVIL ACTION NO. 1:19-CV-00022-C
07-20-2020
JOHN GONZALES GARCIA, Institutional ID No. 2007276 Plaintiff, v. TALMADGE TRAMMELL, M.D., Defendant.
ORDER ACCEPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
The United States Magistrate Judge made findings, conclusions, and a recommendation in this case. Plaintiff did not file any objections and the time to do so has passed. The District Court made an independent examination of the relevant portions of the record in this case and reviewed the Magistrate Judge's Report and Recommendation for plain error. Finding none, the Court ACCEPTS and ADOPTS the Findings, Conclusions, and Recommendation of the United States Magistrate.
IT IS THEREFORE ORDERED that Plaintiff's complaint and all claims alleged therein are DISMISSED with prejudice for failure to state a claim.
This dismissal shall count as a qualifying dismissal under 28 U.S.C. §§ 1915 and 1915A and Adepegba v. Hammons, 103 F.3d 383 (5th Cir. 1996). 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.
All relief not expressly granted and any pending motions are denied.
Judgment shall be entered accordingly.
SO ORDERED.
Dated July 20, 2020.
/s/_________
SAM R. CUMMINGS
Senior United States District Judge