Tibbs v. Gist et al

Filing 6

MEMORANDUM ORDER adopting 2 Report and Recommendation. Signed by Judge Ron Clark on 8/17/11. (tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
JAMES ISHMAEL TIBBS

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VS.

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JUDGE LARRY GIST, ET AL.

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CIVIL ACTION NO. 1:11-CV-252

MEMORANDUM ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Plaintiff James Ishmael Tibbs, a prisoner previously confined in the Texas Department of
Criminal Justice, Correctional Institutions Division, proceeding pro se, brought this civil rights
action pursuant to 42 U.S.C. § 1983. Plaintiff did not pay the filing fee, so it appears that he wishes
to proceed in forma pauperis.
The Court ordered that this matter be referred 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 has submitted a Report and Recommendation of United States
Magistrate Judge. The Magistrate Judge recommends denying plaintiff’s motion for leave to proceed
in forma pauperis and dismissing the action pursuant to 28 U.S.C. § 1915(g).
The Court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such order, along with the record and the pleadings. No
objections to the Report and Recommendation of United States Magistrate Judge were filed by the
parties. Plaintiff has not paid the $350 filing fee.

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 recommendations.
So ORDERED and SIGNED this 17 day of August, 2011.

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Ron Clark, United States District Judge

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