Fox v. Lumpkin

District Court, N.D. Texas

Fox v. Lumpkin

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS ABILENE DIVISION GARY LEE FOX, Institutional ID No. 02317467 SID No. 50815386 Plaintiff, Vv. No. 1:21-CV-00029-H BOBBY LUMPKIN, et ai., Defendants. ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE The United States Magistrate Judge made findings, conclusions, and a recommendation in this case. No objections were filed. The District Court made an independent examination of the record and reviewed the Magistrate Judge’s report for plain error. Finding none, the Court accepts and adopts the findings, conclusions, and recommendation of the United States Magistrate. The Court therefore orders that Plaintiff's complaint and all claims alleged within it are dismissed with prejudice under

28 U.S.C. §§ 1915

(e)(2)(B) and 1915A as frivolous and for failure to state a claim. All relief not expressly granted and any pending motions are denied. This dismissal will count as a qualifying dismissal or “strike” under

28 U.S.C. § 1915

and Adepegba v. Hammons,

103 F.3d 383

(Sth Cir. 1996). Judgment will be entered accordingly. So ordered. Dated JulyZ, 2023. siti Unitéd States District Judge

Reference

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