Opinion
No. 2:00-CV-0291
February 12, 2001
ORDER OF DISMISSAL
Plaintiff TERRY HOLLIMAN, while a prisoner incarcerated in the custody of the Texas Department of Criminal Justice, Institutional Division, has filed suit pursuant to Title 42, United States Code, Section 1983 complaining against the above-named defendants and was permitted to proceed pursuant to Title 28, United States Code, section 1915(b). On January 22, 2001, a Report and Recommendation was issued by the United States Magistrate analyzing plaintiffs claims under Title 28, United States Code, sections 1915A and 1915(e)(2), as well as Title 42, United States Code, section 1997e(c)(1), and recommending that the Civil Rights Complaint filed pursuant to Title 42, United States Code, Section 1983, by plaintiff TERRY HOLLIMAN be dismissed with prejudice as frivolous and for failure to state a claim on which relief can be granted.
No objections to the Report and Recommendation of the Magistrate Judge have been received from plaintiff, and the period for response has expired.
The Court has made an independent examination of the records in this case and has examined the Magistrate Judge's Report and Recommendation. The Court is of the opinion that the Report and Recommendation of the United States Magistrate Judge should be ADOPTED by the United States District Court.
This Court, therefore, does hereby ADOPT the Report and Recommendation of the United States Magistrate Judge in this case.
IT IS THEREFORE ORDERED that the Civil Rights Complaint filed pursuant to Title 42, United States Code, section 1983, by plaintiff TERRY HOLLIMAN be DISMISSED WITH PREJUDICE AS FRIVOLOUS AND FOR FAILURE TO STATE A CLAIM ON WHICH RELIEF CAN BE GRANTED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Any pending motions are DENIED.
The Clerk will mail a copy of this Order to the plaintiff, and to any attorney of record by first class mail. The Clerk will also mail a copy of this Order of Dismissal to TDCJ-Office of the General Counsel, P.O. Box 13084, Austin, TX 78711; and to Claire Laric at the U.S. District Court for the Northern District of Texas, Dallas Division.
IT IS SO ORDERED.
JUDGMENT
Of equal date herewith, the Court has entered an Order of Dismissal.
JUDGMENT IS ENTERED ACCORDINGLY.
IT IS THEREFORE ORDERED and DECREED that the Civil Rights Complaint filed pursuant to Title 42, United States Code, Section 1983, by plaintiff TERRY HOLLIMAN be and HEREBY IS DISMISSED WITH PREJUDICE AS FRIVOLOUS AND FOR FAILURE TO STATE A CLAIM ON WHICH RELIEF CAN BE GRANTED.
The Clerk will mail a copy of this Judgment to the plaintiff, and to each attorney of record by first class mail.
IT IS SO ORDERED.