Adams v. Lumpkin
Adams v. Lumpkin
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:22-cv-00032 Alex Adams, Plaintiff, V. Bobby Lumpkin et al., Defendants.
ORDER Plaintiff Alex Adams, proceeding pro se, filed the above-styled and numbered civil-rights lawsuit pursuant to
42 U.S.C. § 1983. The case was referred to United States Magistrate Judge K. Nicole Mitchell, who issued a report and recommendation (Doc. 19) con- cluding that plaintiff should be denied leave to proceed without pre- payment of the $402 filing fee and that this case be dismissed with- out prejudice as to the refiling of this case with full prepayment of the $402 filing fee, but with prejudice as to any attempt to refile forma pauperis. Plaintiff received the report on July 15, 2022. Doc. 20. He did not file any objections. 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(5th 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. Plaintiff’s motions to proceed zu forma pauperis (Docs. 7, 16) are denied. For the reasons stated in the report, plaintiff’s complaint is dismissed with prejudice for purposes of i forma pauperis pro- ceedings. Plaintiff may resume his lawsuit if he pays the full filing fee of $402 within thirty days of the entry of final judgment. All motions that may be pending in this civil action are denied.
So ordered by the court on September 2, 2022.
j/ CAMPBELL BARKER United States District Judge
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Reference
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