Emmett v. TDCJ Corporation
Emmett v. TDCJ Corporation
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:22-cv-00159 Barry Emmett, Plaintiff, V. TDCJ Corporation et al., Defendants.
ORDER Plaintiff Barry Emmett, an inmate proceeding pro se, filed a civil- rights lawsuit under
42 U.S.C. § 1983, part of which was severed into the present separate action. Doc. 7. On April 27, 2022, the magistrate judge ordered plaintiff, who is barred from proceeding im forma pau- peris absent circumstances not alleged in this case, to pay the filing fee for this new action within thirty days. Doc. 8 (citing
28 U.S.C. § 1915(g)). Plaintiff did not comply with that order. Because plaintiff failed to comply with the court’s orders and pay the required filing fee, the magistrate judge issued a report on Sep- tember 1, 2022, recommending that this case be dismissed without prejudice. Doc. 12. A copy of the report was mailed to plaintiff, who received it on September 8, 2022, and did not file written objections. Doc. 13. 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 court denies plaintiff leave to proceed without prepay- ment, and this case is dismissed without prejudice.
So ordered by the court on November 9, 2022.
yj? CAMPBELL BARKER United States District Judge
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Reference
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