Russell v. Garcia
Russell v. Garcia
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:21-cv-00342 Patrick Russell, Plaintiff, V. Unknown Garcia et al., Defendants.
ORDER On August 30, 2021, plaintiff Patrick Russell, proceeding pro se, filed this civil-rights lawsuit pursuant to
42 U.S.C. § 1983. The case was referred to United States Magistrate Judge K. Nicole Mitchell pursuant to
28 U.S.C. § 636(b). Doc. 2. On August 31, 2021, the magistrate judge instructed plaintiff to either pay the $402 filing fee or submit an application to proceed zn forma pauperis, along with a certified in forma pauperis data sheet within thirty days of receipt of the order. Doc. 3. Plaintiff failed to do so. On November 19, 2021, the magistrate judge entered a report rec- ommending that plaintiff’s case be dismissed without prejudice for want of prosecution and failure to obey an order. Doc. 5. No objec- tions have been filed. When no party objects to the magistrate judge’s report and rec- ommendation, the court reviews it only for clear error. See Douglass vy. United Servs. Auto. Ass’n,
79 F.3d 1415, 1420(Sth Cir. 1996). Hav- ing reviewed the magistrate judge’s report and being satisfied that the report contains no clear error, the court accepts the findings and conclusions of the report. Accordingly, the complaint is dismissed without prejudice for failure to prosecute and for failure to comply with a court order. So ordered by the court on March 16, 2022. flab BARKER United States District Judge
Reference
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