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13-045 - Bekendam v. Director TDCJ-CID et al


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13-045 - Bekendam v. Director TDCJ-CID et al
February 5, 2014
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Memorandum Opinion and Order. For the reasons explained, the court vacates the standing order of reference to the magistrate judge, sua sponte dismisses with prejudice Plaintiffs RICO claim pursuant to 28 U.S.C. 1915(e)(2)(B)(i) as frivolous, and dismisses without prejudice Plaintiffs state claims. The courts dismissal of Plaintiffs claims moots the several pending motions filed by Plaintiff in this case. These motions (Docs. 4, 10, 11, 19, 20, 32, 34, 35, 41) are therefore denied as moot. Judgment will issue by separate document as required by Federal Rule of Civil Procedure 58. In the event Plaintiff seeks leave to proceed in forma pauperis on appeal, the court certifies that any appeal of this action would not be taken in good faith. See 28 U.S.C. ยง 1915(a)(3). For the reasons explained, the court determines that any appeal of this action would present no legal point of arguable merit and would, therefore, be frivolous. Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983). Further, the court admonishes Plaintiff that if she continues to file frivolous lawsuits or claims, her pleadings will be stricken and the court will impose monetary or other sanctions, as it deems necessary, against Plaintiff. (Ordered by Judge Sam A Lindsay on 2/5/2014) (trt)