UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS LUBBOCK DIVISION JOHN GONZALES GARCIA, Institutional ID No. 2007276 Plaintiff, No. 5:19-CV-00005-H v. DR. TERRY ROSE, Defendant. ORDER ACCEPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Plaintiff filed this Section 1983 action on January 14, 2019, alleging that Defendant Dr. Terry Rose denied him adequate medical care while he was incarcerated at the Smith Unit of the Texas Department of Criminal Justice (TDCJ).1 Dkt. No. 1. United States Magistrate Judge D. Gordon Bryant, Jr., conducted preliminary screening and recommended that the Court dismiss Plaintiff’s complaint with prejudice for failure to state a claim under

(e)(2)(B)(ii) and 1915A(b)(1). Dkt. No. 23. Plaintiff sought, and was granted, an extension of time to file objections to Judge Bryant’s report and recommendation. However, he filed no objections, and the time to do so has passed. The Court has examined the record and reviewed the findings, conclusions, and recommendation for plain error. Finding none, the Court accepts and adopts the findings, conclusions, and recommendation of the United States Magistrate Judge. Plaintiff’s

1 Plaintiff’s original complaint included other claims regarding incidents that allegedly occurred in other units. Those claims were severed and transferred to appropriate courts for the divisions where those units are located. See Dkt. No. 10. complaint and the claims against Dr. Terry Rose are therefore dismissed with prejudice for failure to state a claim. This dismissal will count as a qualifying dismissal under

(e)(2)(B) and 1915A(b)(1), and Adepegba v. Hammons,

(5th Cir. 1996). Dismissal of this action does not release Plaintiff from the obligation to pay any filing fee previously imposed. See Williams v. Roberts,

(Sth 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. All relief not expressly granted and any pending motions are denied. So ordered on April 3, 2020. (Lave Hoc UNITED STATES DISTRICT JUDGE

? Prison Litigation Reform Act of 1995.