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, )

Download PDF
UNITED STATES DISTRICT COURT GREGORY ANTHONY, Plaintiff, versus REGINALD GOINGS, et al., Defendants. EASTERN DISTRICT OF TEXAS § § § § § § § § § 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 1 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. ________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?