Williams v. Herriage
Williams v. Herriage
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:23-cv-00228 Jay Williams, Plaintiff, v. Betty Herriage, Defendant.
ORDER Plaintiff Jay Williams, an inmate proceeding pro se, filed a civil rights lawsuit under
42 U.S.C. § 1983without 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 the plaintiff be denied leave to proceed in forma pau- peris and this case be dismissed without prejudice due to the plain- tiff’s failure to prosecute and to comply with the court’s order to ei- ther pay the fee or file a properly supported motion to proceed as a pauper. Doc. 4. 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(5th 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 7m forma pauperis, and this case is dismissed without prejudice.
So ordered by the court on August 10, 2023.
j/ CAMPBELL BARKER United States District Judge
_2-
Reference
- Status
- Unknown