Burpee v. Allen
Burpee v. Allen
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:25-cv-00034 Joseph Burpee, Plaintiff, V. Mr. Allen, Defendant.
ORDER Plaintiff Joseph Burpee, a prisoner of the Texas Department of Criminal Justice proceeding pro se, filed this civil lawsuit with- out paying the filing fee. The case was transferred to this court and referred to a magistrate judge pursuant to
28 U.S.C. § 636(b). On February 4, 2025, the magistrate judge issued a report rec- ommending that the court bar plaintiff from proceeding zn forma pauperis pursuant to
28 U.S.C. § 1915(g) and dismiss this case sub- ject to reopening if plaintiff pays the filing fee within 15 days of judgment. Doc. 6. A copy of the report was mailed to plaintiff, who received it on February 12, 2025, and has not filed written objections or paid the filing fee. Doc. 7. When no party objects to the magistrate judge’s report and recommendation, the court reviews it only for clear error. See Douglass v. United Servs. Auto. Ass’n,
79 F.3d 1415, 1420(5th Cir. 1996). Having reviewed the magistrate judge’s report, and being satisfied that it contains no clear error, the court accepts its find- ings and recommendation. The plaintiff is denied leave to proceed as a pauper, and this case is dismissed with prejudice for purposes of proceeding in forma pauperis under
28 U.S.C. § 1915(g)—but without prejudice as to the refiling of the lawsuit with payment of the full filing fee. Any pending motions are denied as moot.
-l-
So ordered by the court on April 10, 2025.
j/ CAMPBELL BARKER United States District Judge
-2-
Reference
- Status
- Unknown