Wright v. TDCJ Telford Unit Guards

District Court, E.D. Texas

Wright v. TDCJ Telford Unit Guards

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:23-cv-00168

Randal W. Wright, Plaintiff, V. TDCJ Telford Unit Guards et al., Defendants.

ORDER Plaintiff Randal W. Wright, an inmate proceeding pro se, filed a civil rights lawsuit under

42 U.S.C. § 1983

without paying the filing fee. The case was referred to United States Magistrate Judge K. Ni- cole Mitchell pursuant to

28 U.S.C. § 636

(b). On June 28, 2023, the court granted the plaintiff’s motion to pro- ceed as a pauper and ordered him to pay an initial partial filing fee of $27, as required by the Prison Litigation Reform Act, within thirty days of receipt of the order. Doc. 12. The plaintiff has not complied with that order or moved for additional time to do so. On August 17, 2023, the magistrate judge issued a report recommending that this case be dismissed without prejudice due to the plaintiff’s failure to pay the required initial fee and to comply with the court’s order. Doc. 13. A copy of the report was mailed to the plaintiff, who did not file written 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. This case is dismissed without prejudice.

So ordered by the court on October 13, 2023.

jf CAMPBELL BARKER United States District Judge

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Reference

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