McLean v. United States of America

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION LENROY MCLEAN § VS. § CIVIL ACTION NO. 1:21-cv-168 UNITED STATES OF AMERICA, ET AL. § MEMORANDUM ORDER OVERRULING PLAINTIFF’S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Plaintiff Lenroy McLean, a prisoner confined at the Federal Correctional Institution in Beaumont, Texas, proceeding pro se, filed this civil rights action pursuant to Bivens v. Six Unknown Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), and the Federal Tort Claims Act.

Plaintiff filed a Motion for Leave to Proceed In Forma Pauperis. (Doc. #2.)

The court ordered that this matter be referred to the Honorable Christine L. Stetson, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The magistrate judge has submitted a Report and Recommendation of United States Magistrate Judge. (Doc. #11.) The magistrate judge recommends denying Plaintiff’s Motion for Leave to Proceed In Forma Pauperis pursuant to 28 U.S.C. § 1915(g).

The court has received and considered the Report and Recommendation of United States Magistrate Judge, along with the record, pleadings, and all available evidence. Plaintiff filed Objections to the magistrate judge’s Report and Recommendation. (Doc. #14.)

The court has conducted a de novo review of the objections in relation to the pleadings and the applicable law. See FED. R. CIV. P. 72(b). Although he paid the filing fee, Plaintiff requests leave to proceed in forma pauperis so that the court will arrange for service of the defendants. For the reasons stated in the magistrate judge’s Report and Recommendation, Plaintiff is barred from proceeding in forma pauperis in this action. Therefore, after careful consideration, the court concludes the objections are without merit.

ORDER Accordingly, Plaintiff’ s Objections ace OVERRULED. The findings of fact and conclusions of law of the magistrate judge are correct, and the report of the magistrate judge is ADOPTED.

Plaintiffs Motion for Leave to Proceed In Forma Pauperis is DENIED.

SIGNED this the 21 day of January, 2022.

Thad Heartfield United States District Judge