Opinion
2:02-CV-0305
May 1, 2003
ORDER OF DISMISSAL
Plaintiff CHRISTOPHER LEE SMITH, 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 granted permission to proceed in forma pauperis.
On January 10, 2003, a Report and Recommendation was issued by the United States Magistrate Judge analyzing plaintiff's claims and recommending dismissal with prejudice as frivolous.
The period for response has expired; and no objections have been filed by plaintiff.
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 this Civil Rights Complaint is DISMISSED WITH PREJUDICE AS FRIVOLOUS.
LET JUDGMENT BE ENTERED ACCORDINGLY.
The Clerk shall send a copy of this Order to plaintiff and to any attorney of record. The Clerk shall also mail copies of this Order of Dismissal to TDCJ-Office of the General Counsel, P.O. Box 13084, Austin, TX 78711; and to Clair 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 by plaintiff CHRISTOPHER LEE SMITH is in all things DENIED and is hereby ORDERED DISMISSED WITH PREJUDICE AS FRIVOLOUS.
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.