Vasquez v. Childress et al
||Cresencio J Vasquez, Jr
||J Childress, Ricky L Smith, Steven E Wingate, Michael W Owens, Robert L Hazzelwood, James B Culpepper and Paula A Byrd
||February 18, 2011
||US District Court for the Eastern District of Texas
||Judith K. Guthrie
||Michael H. Schneider
|Nature of Suit:
|Cause of Action:
||28 U.S.C. § 1983
|Jury Demanded By:
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|June 25, 2012
MEMORANDUM OPINION and ORDER OF DISMISSAL. Order granting Defendants' 48 Motion for Summary Judgment. This action is DISMISSED with prejudice as to all Defendants except for Smith and Childress. The claims against Smith and Childress are di smissed with prejudice until such time as the Plaintiff can show that the disciplinary case he received has been overturned, expunged, or set aside. The Plaintiff's claims against Defendants Hazelwood, Culpepper, and Wingate are DISMISSED with prejuidce as frivolous and for failure to state a claim upon which relief may be granted. All motions pending in this action are DENIED. It is further ordered that the dismissal of these claims as frivolous shall count as a strike for purposes of 28 USC 1915(g) and a copy of this order will be provided to the Administrator of the Three Strikes List for the EDTX. Signed by Magistrate Judge Judith K. Guthrie on 6/25/2012. (leh, )
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