IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

LAKEITH AMIR-SHARIF, #05081644,)

Plaintiff, )

)

v. ) 3:06-CV-0143-K

) ECF

DALLAS COUNTY, et al., )

Defendants. )

ORDER

The United States Magistrate Judge made findings, conclusions and a

recommendation in this case. Plaintiff/Petitioner filed objections, and the District Court

has made a de novo review of those portions of the proposed findings and

recommendation to which objection was made. The objections are overruled, and the

Court accepts the Findings, Conclusions and Recommendation of the United States

Magistrate Judge.

IT IS, THEREFORE, ORDERED that the Findings, Conclusions and

Recommendation of the Magistrate Judge are ACCEPTED. 

It is further ORDERED as follows: 

(1) Plaintiff’s claims related to the denial or delay of medical care at issue in

No. 3:06cv0081-B, and his claims related to the May 8, 2005 excessive

force incident and the subsequent denial of medical care at issue in No.

3:06cv0408-M, are DISMISSED without prejudice from this case because

they are duplicative;

 

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(2) Defendants Parkland Memorial Hospital, Jail Health Coordinator Susan

Phillips, Dr. Steven Bowers, and the University of Texas Medical Branch --

who are being sued in connection with the alleged denial of medical care

at issue in No. 3:06cv0081-B -- are DISMISSED from this case;

(3) Plaintiff’s claims challenging the denial of access to the jail law library and

ADA violations are DISMISSED with prejudice as frivolous pursuant to 28

U.S.C. §§ 1915A(b), 1915(e)(2)(B);

(4) Plaintiff’s claims for monetary relief on his conditions of confinement

claims are DISMISSED for failing to meet the physical injury requirement

of 42 U.S.C. § 1997e(e);

(5) Plaintiff’s Supplemental Document filed on October 4, 2006 (Doc. No. 89)

is Stricken Per Order No. 83.

(6) Plaintiff’s Objection and Motion for Reconsideration of

Motions/Documents Nos. 84, 85, 86, and 87, which were stricken by the

Court’s Order filed on September 25, 2006 is DENIED. The Clerk shall

forward a copy of Order No. 83. to Plaintiff along with this order.

(7) Process is ISSUED on Plaintiff’s remaining claims as to Defendants Dallas

County, Sheriff Valdez, Commissioner Mayfield, and Chief McMillian;

(8) Since Plaintiff was previously granted leave to proceed in forma pauperis, the

Clerk shall prepare and issue SUMMONS for Defendants Dallas County,

Sheriff Valdez, Commissioner Mayfield, and Chief McMillian, and deliver

 

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the same to the United States Marshal for service of process pursuant to

Rule 4, Federal Rules of Civil Procedure, along with a copy of the

Amended Complaint, Plaintiff’s answers to the Magistrate Judge’s

Questionnaire, and the Findings, Conclusions and Recommendation of the

Magistrate Judge.

This case is hereby referred to United States Magistrate Judge Paul D. Stickney

pursuant to the Standing Order of Reference filed on August 22, 2006.

Signed this 5 day of October, 2006.

th

_________________________________

ED KINKEADE

UNITED STATES DISTRICT JUDGE

 

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