UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS LUBBOCK DIVISION JULIO ARJONA GOMEZ, Institutional ID No. 67176-004 Plaintiff, V. No. 5:21-CV-00025-H MTC/GILES W. DALBY CORRECTIONAL FACILITY, et al, Defendants. ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Plaintiff filed his amended complaint in this Section 1983 action on March 11, 2021, challenging the conditions of his confinement at the Giles W. Dalby Correctional Facility (Dalby Unit). See Dkt. No. 6. United States Magistrate Judge D. Gordon Bryant, Jr., conducted preliminary screening and recommended that the Court dismiss all of Plaintiff's claims for failure to state a claim. Specifically, he recommended that the Court (1) dismiss Plaintiff's claims seeking removal of his immigration detainer or release from custody without prejudice to his right to pursue those claims in his pending habeas action; and (2) dismiss Plaintiff's remaining claims for failure to state a claim or for seeking relief not available in a civil action. Plaintiff did not file 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 remaining claims are therefore dismissed with prejudice, except that his claims seeking removal of his immigration detainer or release from custody are dismissed

without prejudice to his right to continue pursuing relief in his pending petition for writ of habeas corpus under

.’ This dismissal will count as a qualifying dismissal under 28 U.S.C. § 1915A(b)(1), and Adepegba v. Hammons,

(Sth Cir. 1996). See also Lomax v. Ortiz-Marquez, __U.S.__,

(2020). 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 January ZY, 2022. geophe JAME SLEY HENDRIX UNITED STATES DISTRICT JUDGE

See Civil Action No. 5:20-CV-00259-H. 2 Prison Litigation Reform Act of 1995.