Martinez v. Wallace
Martinez v. Wallace
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS ABILENE DIVISION RICARDO A. MARTINEZ, Plaintiff, v. No. 1:22-CV-00136-H BRITTANY WALLACE, et al., 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 in this case 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 Plaintiffs 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 until he demonstrates that he has met the favorable termination requirement of Heck v. Humphrey,
512 U.S. 477(1994). 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. § 1915and Adepegba v. Hammons,
103 F.3d 383(Sth Cir, 1996). Judgment will be entered accordingly. So ordered. Dated July2, 2024. ch JAMES WESLEY HENDRIX United States District Judge
Reference
- Status
- Unknown