Connall v. Warden

District Court, E.D. Texas

Connall v. Warden

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:23-cv-00320 Paul J. Connall, Plaintiff, v. Warden MTC-ISF et al., Defendants.

ORDER Plaintiff Paul J. Connall, a prisoner of the Texas Department of Criminal Justice, proceeding pro se, filed this civil rights lawsuit pur- suant to

42 U.S.C. § 1983

without paying the filing fee. The case was transferred to this court for proper venue and referred to United States Magistrate Judge K. Nicole Mitchell pursuant to

28 U.S.C. § 636

(b). On July 7, 2023, the magistrate judge issued a report recom- mending that the court bar the plaintiff from proceeding 7 forma pauperis pursuant to

28 U.S.C. § 1915

(g) and dismiss this case with the option to reinstate if the plaintiff pays the filing fee within 15 days of dismissal. Doc. 7. A copy of the report was mailed to the plaintiff, who has not filed written objections 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 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 as a pauper, and this case is dismissed with prejudice for purposes of proceeding 7 forma pauperis under

28 U.S.C. § 1915

(g). This dismissal is without preju- dice as to the refiling of the lawsuit upon full payment of the filing fee.

So ordered by the court on October 10, 2023.

j! CAMPBELL BARKER United States District Judge

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Reference

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