Anthony v. Goings et al

Filing 27

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that this action be dismissed without prejudice pursuant to plaintiff's motion to dismiss. Signed by Judge Marcia A. Crone on 9/29/11. (mrp, )

UNITED STATES DISTRICT COURT
GREGORY ANTHONY,
Plaintiff,
versus
REGINALD GOINGS, et al.,
Defendants.

EASTERN DISTRICT OF TEXAS
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CIVIL ACTION NO. 1:09-CV-597

MEMORANDUM ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Gregory Anthony, an inmate confined at the Cleveland Correctional Center,
proceeding pro se and in forma pauperis, brought this lawsuit pursuant to 42 U.S.C. § 1983
against Reginald Goings, Brian Rodeen, and Brad Livingston.
The court referred this matter to the Honorable Keith F. Giblin, United States Magistrate
Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court.
The Magistrate Judge recommends this action be dismissed without prejudice pursuant to
plaintiff’s motion to dismiss.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such referral, along with the record, pleadings and all available
evidence. No objections to the Report and Recommendation of United States Magistrate Judge
were filed by the parties.1

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While plaintiff filed no objections, he later submitted a letter requesting that the Clerk of Court send an order
to prison officials to stop deducting filing fee payments from his prisoner account. The obligation to pay the
filing fee, however, attaches at the time of filing and the obligation remains despite the disposition of the case.
See Hatchet v. Nettles, 201 F.3d 651, 654 (5th Cir. 2000) (“No relief from an order directing payment of
the filing fee should be granted for a voluntary dismissal.”). Plaintiff may reinstate his claims, if he so
desires, by filing a motion to reinstate within ten days from the date of this order.

ORDER
Accordingly, the findings of fact and conclusions of law of the Magistrate Judge are
correct, and the report of the Magistrate Judge is ADOPTED. A final judgment will be entered
in this case in accordance with the Magistrate Judge’s recommendation.
.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.

SIGNED at Beaumont, Texas, this 29th day of September, 2011.

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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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