Butler v. Townsend

District Court, E.D. Texas

Butler v. Townsend

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:22-cv-00029 Northington Butler, Plaintiff, V. Warden Lonnie Townsend, Defendant.

ORDER Plaintiff Northington Butler, an inmate proceeding pro se, filed a petition for a writ of habeas corpus. See Doc. 3. The petition con- tained a claim about prison conditions, which is unrelated to the claim concerning his underlying conviction and sentence. /d. The court severed his prison-conditions claim into this civil-rights case under

42 U.S.C. § 1983

and referred the case to United States Mag- istrate Judge John D. Love pursuant to

28 U.S.C. § 636

(b). The magistrate judge issued a report recommending that the plaintiff be denied leave to proceed without prepayment and that this case be dismissed without prejudice due to the plaintiff’s failure to comply with the court’s orders to satisfy the filing fee requirement and to file an amended complaint. Doc. 8. No objections were 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 it contains no clear error, the court accepts its findings and recommen- dation. The plaintiff is denied leave to proceed without prepayment, and this case is dismissed without prejudice.

So ordered by the court on May 24, 2022.

jf CAMPBELL BARKER United States District Judge

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Reference

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