Myles v. Director - Texas Department of Criminal Justice, Correctional Institutions Division et al

Filing 6

MEMORANDUM ORDER adopting the magistrate judge's 4 Report and Recommendation. Signed by Judge Thad Heartfield on 12/15/2011. (bjc)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION FREDDIE LEE MYLES § VS. § DIRECTOR, TDCJ-CID, ET AL § CIVIL ACTION NO. 1:11-CV-541 MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Plaintiff, Freddie Lee Myles, an inmate currently confined at the Mark Stiles Unit in Beaumont, Texas, proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983 against the following defendants: Brad Livingston, Director TDCJ-CID, Rick Thaler, Assistant Director TDCJ-CID, Michael Billings, Assistant Director TDCJ-CID, Vanessa Jones, Joni White, and Jose L. Pena The Court referred this matter to the Honorable Keith Giblin, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this Court. The Magistrate Judge recommends plaintiff’s application to proceed in forma pauperis be denied and the case dismissed pursuant to 28 U.S.C. § 1915(g), as plaintiff has failed to pay the full $350 filing fee. The Court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such referral, along with the record, and pleadings. No objections to the Report and Recommendation have been filed by the parties to date. Plaintiff has also failed to pay the full $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. SIGNED this the 15 day of December, 2011. ____________________________ Thad Heartfield United States District Judge 2

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