Guthrie v. Dodson et al, No. 1:2022cv00128 - Document 26 (S.D. Miss. 2022)
Court Description: FINAL JUDGMENT: Ordered that this case is dismissed with prejudice. Ordered that this dismissal counts as a strike. See Judgment for details. Signed by District Judge Taylor B. McNeel on 11/10/22. (JCH)
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Guthrie v. Dodson et al Doc. 26 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION CURTIS MARK GUTHRIE PLAINTIFF v. CIVIL ACTION NO. 1:22-cv-00128-TBM-BWR LISA DODSON, et al. DEFENDANTS FINAL JUDGMENT This cause is before the Court sua sponte for consideration of dismissal. Pursuant to the Memorandum and Order of Dismissal issued this date and incorporated herein by reference, IT IS HEREBY ORDERED AND ADJUDGED that this cause is DISMISSED WITH PREJUDICE as frivolous and for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B). This dismissal is effective until the conditions outlined in Heck v. Humphrey, 512 U.S. 477, 486-87, 114 S. Ct. 2364, 129 L.Ed.2d 383 (1994), are met. IT IS, FURTHER, ORDERED AND ADJUDGED that this civil action is separately DISMISSED WITH PREJUDICE against each Defendant for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii). IT IS, FURTHER, ORDERED AND ADJUDGED that this dismissal counts as a “strike” under 28 U.S.C. § 1915(g). Plaintiff Curtis Mark Guthrie is advised that, if he receives three strikes, “he may not proceed [in forma pauperis] in any civil action or appeal filed while he is incarcerated or detained in any facility unless he is under imminent danger of serious physical injury.” Adongo v. Tex., 124 F. App’x 230, 232 (5th Cir. 2005) (citing 28 U.S.C. § 1915(g)). Dockets.Justia.com SO ORDERED AND ADJUDGED, this 10th day of November, 2022. ____________________________ TAYLOR B. McNEEL UNITED STATES DISTRICT JUDGE 2
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