Thompson Jr v. Texas Parole and Pardons ( 2020 )

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION JAMES CARL THOMPSON JR., § #01526314 § Plaintiff, § § V. § CIVIL NO. 3:20-CV-648-K-BK § TEXAS PAROLE AND PARDONS, § Defendant. § ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE The United States Magistrate Judge made Findings, Conclusions, and a Recommendation in this case. No objections were filed. The Court reviewed the proposed Findings, Conclusions, and Recommendation for plain error. Finding none, the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate. IT IS THEREFORE ORDERED that Plaintiff’s street-time and April 5, 2020 release-date claims should be DISMISSED WITHOUT PREJUDICE as they are not cognizable under Section 1983 and his remaining claims are DISMISSED WITH PREJUDICE as frivolous until such time as Plaintiff satisfies the conditions set forth in Heck v. Humphrey, 512 U.S. 477 (1994). See 28 U.S.C. § 1915(e)(2)(B) and 28 U.S.C. § 1915A(b). This dismissal will count as a “strike” or “prior occasion” within the meaning of 28 U.S.C. § 1915(g). SO ORDERED. Signed December 11, 2020. ED KINKEADE UNITED STATES DISTRICT JUDGE