Marte v. The Geo Group Inc. et al
| Jose Miguel Marte |
| The Geo Group Inc., Bureau of Prisons, Officer A. Carrasco, Officer J. Ferguson, Unit Manager Patterson, Case Manager Ms. Gonzalez, Senior Warden Dwight Simms, Warden Baxter, Assistant to Warden Jones and Mr. Mireles |
| 1:2014cv00203 |
| December 29, 2014 |
| US District Court for the Northern District of Texas |
| Abilene Office |
| Anderson |
| E. Scott Frost |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
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ORDER. The Court accepts and adopts the findings, conclusions and recommendation of the Magistrate Judge. It is, therefore, ORDERED: 1) Plaintiff's challenge to the disciplinary haring concerning unauthorized possession of eyeglasses and lense s resulting in loss of good conduct time (Count 1) should be construed as a writ of habeas corpus pursuant to 28 USC §2241. 2) Such writ of habeas corpus shall be severed and assigned a new case number. (1:16-cv-171) 3) The Clerk shall file a c opy of the Motion to Proceed IFP and Certificate of Inmate Trust Account in the new civil action (1:16-cv-171) and mail to Plaintiff a copy of a §2241 form marked "Amended" with the newly assigned Civil Action number (1:16-cv-171) for use in filing his petition for writ of habeas corpus. 4) Plaintiff shall complete and file the Amended Petition within 20 days from the date of this Order. 5) The remainder of Plaintiff's complaint and all claims alleged therein under 42 USC 67;1983 (described as Counts 2, 3, 4 & 5) are DISMISSED WITH PREJUDICE for failure to state a claim, and as frivolous. This dismissal shall count as a qualifying dismissal under 28 USC §1915(g). All pending motions are DENIED. (Ordered by Senior Judge Sam R Cummings on 9/26/2016) (mmg)
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