UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS LUBBOCK DIVISION KENNETH CAIN, Institutional ID No. 01461710, SID No. 06352412, Previous TDCJ ID No. 01074522 Plaintiff, V. No. 5:20-CV-00297-H BARBRA SUCSY, Defendant. ORDER ACCEPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Plaintiff filed this Section 1983 action alleging that Defendant Barbra Sucsy denied him access to the courts in violation of his First, Fourth, Fifth, Sixth, and Fourteenth Amendment rights by refusing to produce criminal court documents necessary for him to

file a criminal appeal. Dkt. No. 1. United States Magistrate J udge D. Gordon Bryant, Jr., conducted preliminary screening and recommended that the Court dismiss Plaintiffs complaint with prejudice for failure to state a claim under

(e)(2)(B) and

1915A(b). Dkt. No. 30. Plaintiff 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

complaint and the claims against Barbra Sucsy 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,

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

(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. All relief not expressly granted and any pending motions are denied. So ordered on ae, 7 , 2022.

(4/be JAMES WESLEY HENDRIX on STATES DISTRICT JUDGE

Prison Litigation Reform Act of 1995. □