Williams v. McCarley

District Court, E.D. Texas

Williams v. McCarley

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:23-cv-00226

Jay Williams, Plaintiff, v. Maria McCarley, Defendant.

ORDER Plaintiff Jay Williams, an inmate proceeding pro se, filed a civil- rights lawsuit under

42 U.S.C. § 1983

without paying the filing fee or moving to proceed 7x forma pauperis. The case was referred to United States Magistrate Judge K. Nicole Mitchell pursuant to

28 U.S.C. § 636

(b). On June 20, 2023, the magistrate judge issued a report recom- mending that plaintiff be denied leave to proceed im forma pauperis and this case be dismissed without prejudice due to plaintiff’s failure to prosecute and to comply with the court’s order to either pay the fee or file a properly supported motion to proceed as a pauper. Doc. 4. A copy of the report was mailed to plaintiff, who did not file writ- ten 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

(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. Plaintiff is denied leave to proceed forma pauperis, and this case is dismissed.

So ordered by the court on August 11, 2023.

ji CAMPBELL BARKER United States District Judge

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Reference

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