Connall v. Senior Warden
Connall v. Senior Warden
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:23-cv-00322 Paul J. Connall, Plaintiff, v. Senior Warden MTC-ISF, Defendant.
ORDER Plaintiff Paul Connall, proceeding pro se, filed this civil-rights lawsuit pursuant to
42 U.S.C. § 1983. The case was referred to United States Magistrate Judge John D. Love, who issued a report and recommendation (Doc. 7) concluding that plaintiff’s complaint should be dismissed with prejudice for purposes of 7 forma pauperis proceedings pursuant to
28 U.S.C. § 1915(g). Plaintiff has not filed an objection to the report and recommendation, but has filed a notice of advisory to the court (Doc. 8), which the court will liberally con- strue as an objection. The court reviews the objected-to portions of a report and rec- ommendation de novo.
28 U.S.C. § 636(b)(1). In conducting a de novo review, the court examines the entire record and makes an in- dependent assessment under the law. Douglass v. United Servs. Auto. Ass’n,
79 F.3d 1415, 1430(5th Cir. 1996). The court reviews all un- objected-to portions of the report and recommendation only for clear error or abuse of discretion. See United States v. Wilson,
864 F.2d 1219, 1221(5th Cir. 1989). Plaintiff’s advisory does not address the court’s report and recommendation, nor does it address the fact that plaintiff has accumulated three strikes under
28 U.S.C. § 1915(g). Banos v. O’Guin,
144 F.3d 883, 885(Sth Cir. 1998). Rather, plaintiff’s notice of advisory lists several new allegations. Doc. 8. Those allegations fail to show how plaintiff faces an imminent threat of serious physical injury for which time is pressing. For that reason,
the court agrees that this lawsuit should be dismissed pursuant to
28 U.S.C. § 1915(g). Having reviewed the magistrate judge’s report and being satis- fied that it contains no clear error, the court accepts its findings and recommendation. For the reasons stated in the report, plaintiff’s complaint is dismissed with prejudice for purposes of 7 forma pau- peris proceedings pursuant to
28 U.S.C. § 1915(g). Plaintiff may re- sume his lawsuit if he pays the entire filing fee of $402 within fifteen days after the entry of the final judgment. So ordered by the court on August 14, 2023. Va _/: AMPBELL BARKER | United States District Judge
Reference
- Status
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