Salinas v. Collier - TDCJ Director

District Court, N.D. Texas

Salinas v. Collier - TDCJ Director

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS ABILENE DIVISION ISRAEL SALINAS, JR., Institutional ID No. 2181382 Plaintiff,

V. No. 1:20-CV-00181-H BRYAN COLLIER, et al., Defendants. ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE The United States Magistrate Judge made findings, conclusions, anda recommendation in this prisoner civil-rights action. Plaintiff filed objections, and the Court conducted a de novo review of the relevant portions of the record and the Magistrate Judge’s report. The Court concludes the Magistrate Judge’s findings and conclusions are correct. Thus, Plaintiff's objections are overruled, and the Court accepts and adopts the findings, conclusions, and recommendation of the Magistrate Judge. The Court therefore orders that Plaintiffs second amended complaint and all claims alleged within it are dismissed with prejudice for failure to state a claim and as frivolous under

28 U.S.C. §§ 1915

(e)(2)(B) and 1915A(b). 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). All relief not expressly granted and any pending motions are denied. '

‘In support of his objections, Plaintiff filed 47 pages of unauthorized supplemental documents, which consist of excerpts from his personal journal and a portion of a letter from the Texas Veterans Commission. See Dkt. No. 55-1. Because Plaintiff did not seek permission from the Court to file

The court will enter judgment accordingly. So ordered. Dated June ZO_, 2024.

JAMES WESLEY HENDRIX United States District Judge

these documents, the Court will not consider them. See N.D. Tex. Civ. R. 56.7. To the extent that Plaintiff seeks to amend his complaint with these documents, his request is denied. As noted by the Magistrate Judge, Plaintiff has amended his complaint twice, and the Court agrees that any further amendment would be futile. See Dkt. No. 49 at 45—46.

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