Emmett v. Shroed
Emmett v. Shroed
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:22-cv-00066 Barry Patrick Emmett, Plaintiff, v. Paul Shroed et al., Defendants.
ORDER Plaintiff Barry Patrick Emmett, a prisoner of the Texas Depart- ment of Criminal Justice proceeding pro se, filed this civil-rights law- suit pursuant to
42 U.S.C. § 1983without paying the filing fee. The case was referred to United States Magistrate Judge John D. Love pursuant to
28 U.S.C. § 636(b). On February 18, 2022, the magistrate judge issued a report rec- ommending that the court bar the plaintiff from proceeding 7 forma pauperis pursuant to
28 U.S.C. § 1915(g) and dismiss this case unless the plaintiff paid the filing fee within fifteen days. Doc. 3. A copy of the report was mailed to the plaintiff, who has not filed written ob- jections or paid the filing fee. 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 it contains no clear error, the court accepts its findings and recommen- dation. The plaintiffis denied leave to proceed without payment, and this case is dismissed with prejudice for purposes of proceeding zn forma pauperis under
28 U.S.C. § 1915(g)—but without prejudice as to the refiling of the lawsuit with payment of the full filing fee.
So ordered by the court on April 1, 2022.
j/ CAMPBELL BARKER United States District Judge
-2-
Reference
- Status
- Unknown