Opinion
CIVIL ACTION NO. 5:18-CV-00254-C
03-18-2019
MARTIN HERNANDEZ, Institutional ID No. 2132228 Plaintiff, v. LUBBOCK POLICE DEPARTMENT, Defendant.
ORDER ACCEPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Plaintiff, proceeding pro se and in forma pauperis, filed a civil rights complaint on October 15, 2018. He alleges that he was subjected to excessive use of force during his arrest on August 22, 2015. This case was transferred to the docket of the United States Magistrate Judge for screening under 28 U.S.C. §§ 1915 and 1915A. The United States Magistrate Judge entered a Report and Recommendation on February 25, 2019, recommending that the complaint be dismissed with prejudice as barred by the statute of limitations. Plaintiff did not file any objection and the time to do so has passed.
The undersigned Senior United States District Judge has conducted an independent review of the relevant portions of the record in this case and has examined the findings, conclusions, and recommendations of the Magistrate Judge. 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 as barred by the statute of limitations.
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.
Judgment shall be entered accordingly.
SO ORDERED.
Dated March 18, 2019.
/s/_________
SAM R. CUMMINGS
Senior United States District Judge
See Cooper v. Brookshire, 70 F.3d 377, 379 (5th Cir. 1995) (finding that prisoner's pro se complaint alleging a § 1983 action would be deemed "filed" as of the date he deposited it in the prison mail system, not as of the date it was received by the district court clerk).