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07-050 - Ventura v. Felts et al


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07-050 - Ventura v. Felts et al
December 30, 2008
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ORDER ACCEPTING AND ADOPTING the findings, conclusions, and recommendations of the Magistrate Judge. The US Magistrate Judge entered a Report and Recommendation on June 3, 2008. No objections were filed. IT IS THEREFORE ORDERED THAT: Pltf's claims are DISMISSED WITH PREJUDICE AS FRIVOLOUS; Judgment shall be entered accordingly; This dismissal shall count as a qualifying dismissal under 28 USC 1915(g) and Adepegba v. Hammons, 103 F.3d 383 (5th Cir. 1996); Dismissal of this action does not release Pltf or the institution where he is incarcerated from obligation to pay any filing fee previously imposed; Any pending motions are DENIED. A copy of this order shall be sent by first class mail to all parties appearing Pro Se and to any attorney of record by first class mail or electronic notification. Pltf is advised that if he appeals this Order, he will be required to pay the appeal fee of $455.00 pursuant to the PRLA 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. (Ordered by Judge Sam R Cummings on 12/30/2008) (jkl)