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15-3926 - Martinez v. Stephens-Director TDCJ-CID et al


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15-3926 - Martinez v. Stephens-Director TDCJ-CID et al
January 5, 2016
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: It is recommended that Plaintiff's deliberate indifference to medical needs claims against Defendant Stephens be DISMISSED WITHOUT PREJUDICE due to improper venue. See 28 U.S.C. § 1406(a). It is further recommended that Plaintiff's claims against the state judge and his former defense counsel under 42 U.S.C. § 1983 be summarily DISMISSED WITH PREJUDICE as frivolous. See 28 U.S.C. § 1915(e)(2)(B); and 28 U.S.C. § 1915A(b). The latter dismissal will count as a "strike" or "prior occasion" within the meaning of 28 U.S.C. § 1915(g). (Ordered by Magistrate Judge Renee Harris Toliver on 1/5/2016) (mcrd)
February 25, 2016
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ORDER: After making an independent review of the pleadings, files, and records in this case, and the findings, conclusions, and recommendation of the magistrate judge, the court concludes that the 6 findings and conclusions are correct. It is therefore ordered that the findings, conclusions, and recommendation of the magistrate judge are adopted. The court prospectively certifies that any appeal of this action would not be taken in good faith. (Ordered by Judge Sidney A Fitzwater on 2/25/2016) (bdb)