Wojtowicz v. Lubbock Cnty. Det. Ctr.

Full title: DON WOJTOWICZ, Institutional ID No. 02280307 Plaintiff, v. LUBBOCK COUNTY…

Court: UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS LUBBOCK DIVISION

Date published: Feb 25, 2020

CIVIL ACTION NO. 5:19-CV-00163-C (N.D. Tex. Feb. 25, 2020)

Opinion

CIVIL ACTION NO. 5:19-CV-00163-C

02-25-2020

DON WOJTOWICZ, Institutional ID No. 02280307 Plaintiff, v. LUBBOCK COUNTY DETENTION CENTER, Defendant.

SAM R. CUMMINGS Senior United States District Judge

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 August 9, 2019. He alleges that his constitutional rights were violated while he was incarcerated at the Lubbock County Detention Center. 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 January 21, 2020, recommending that the complaint be dismissed with prejudice as frivolous and for failure to state a claim. Plaintiff did not file any objection and the time to do so has passed.

The undersigned Senior United States District Judge has reviewed the Report and Recommendation for clear error and finds none. IT IS THEREFORE ORDERED that the findings, conclusions and recommendation of the United States Magistrate Judge is ADOPTED as the findings and conclusions of this Court. For the reasons stated therein, Plaintiff's complaint and all claims alleged therein are DISMISSED with prejudice as frivolous and for failure to state a claim.

This dismissal shall count as a qualifying dismissal (strike) under 28 U.S.C. § 1915(e)(2)(B) and 1915A(b)(1), and Adepegba v. Hammons, 103 F.3d 383 (5th Cir. 1996).

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 February 25, 2020.

/s/_________

SAM R. CUMMINGS

Senior United States District Judge