Civil Action No. 5:15-CV-149-C.

BRANDON M. CONWAY, Institutional ID No. 1777537, Plaintiff, v. CORRECTIONAL OFFICER PETER H. HONESTO, Defendant.

United States District Court, N.D. Texas, Lubbock Division.

Editors Note
Applicable Law: 42 U.S.C. § 1983
Cause: 42 U.S.C. § 1983 Prisoner Civil Rights
Nature of Suit: 550 Prisoner Pet / Other: Civil Rights
Source: PACER

Attorney(s) appearing for the Case

Brandon M Conway, Plaintiff, Pro Se.


SAM R. CUMMINGS, Senior District Judge.

The United States Magistrate Judge entered a Report and Recommendation on October 16, 2015, and as of this date, no objections have been filed of record, despite the fact that Plaintiff was granted an extension of time to do so.

The undersigned Senior United States District Judge has made an independent examination of the record in this case and has examined the findings, conclusions, and recommendations of the Magistrate Judge. The Court accepts and adopts the findings, conclusions, and recommendation of the Magistrate Judge.

It is, therefore, ORDERED that Plaintiff's complaint and all claims alleged therein are DISMISSED WITH PREJUDICE AS FRIVOLOUS.

Judgment shall be entered accordingly.

This dismissal shall count as a qualifying dismissal under 28 U.S.C. § 1915(g) and Adepegba v. Hammons, 103 F.3d 383 (5th Cir. 1996).

Dismissal of this action does not release Plaintiff or the institution where he is incarcerated from the obligation to pay any filing fee previously imposed. See Williams v. Roberts, 116 F.3d 1126, 1128 (5th Cir. 1997).

A copy of this order shall be sent to all parties appearing pro se by first class mail and to any attorney of record by first class mail or electronic notification.

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.

Any pending motions are DENIED.


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