Townley v. Holder et al
| Brent J Townley |
| C O Shubert, R Thomas, Tammie Landis, D Carlisle, Mark Haley, P Shumpert, Harley Lappin, Charles E Samuels, Thomas Kane, Karen Edenfield, Rene Deleon, United States of America and Eric Holder |
| 1:2012cv00026 |
| February 21, 2012 |
| US District Court for the Northern District of Texas |
| Abilene Office |
| Howard |
| Sam R Cummings |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
22
Order Adopting Findings and Recommendations re: 19 Findings and Recommendations on re: 1 Complaint, filed by Brent J Townley. The instant civil rights complaint and all claims alleged therein are dismissed with prejudice as frivolous. Any pend ing motions are denied. Dismissal of Plaintiff's complaint does not release Plaintiff or the institution where he is incarcerated from the obligation to pay any filing fee previously imposed. See 28 USC § 1915(b)(l) ("Notwithstanding s ubsection (a), if a prisoner brings a civil action or files an appeal in forma pauperis, the prisoner shall be required to pay the full amount of a filing fee.")(emphasis added); Hatchet v. Nettles, 201 F3d 651, 654 (5th Cir 2000) ("No reli ef from an order directing payment of the filing fee should be granted for a voluntary dismissal."). Plaintiff is advised that if he appeals this Order, he will be required to pay the appeal fee of $455.00 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. Judgment shall be entered accordingly. (Ordered by Judge Sam R Cummings on 2/4/2013) (rlw)
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