Sellers et al v. Rivera

Filing 12

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that this civil rights action be dismissed as plaintiff failed to pay the initial partial filing fee as ordered. Signed by Judge Marcia A. Crone on 2/26/13. (mrp, )

UNITED STATES DISTRICT COURT

DANNY SELLERS,
Plaintiff,
versus
CARLOS RIVERA,
Defendant.

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 1:12-CV-460

MEMORANDUM ORDER ADOPTING THE
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff, Danny Sellers, a prisoner currently confined at FCI Beaumont, proceeding pro
se, filed this civil rights complaint pursuant to Bivens v. Six Unknown Named Agents of the
Federal Bureau of Narcotics, 403 U.S. 388 (1971), against defendant Carlos Rivera.
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 plaintiff’s civil rights action be dismissed pursuant to Federal
Rule of Civil Procedure 41(b) as plaintiff failed to pay the initial partial filing fee as ordered.
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 either party to date. Plaintiff has
still yet to pay the initial partial filing fee despite additional time to do so.
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

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in accordance with the Magistrate Judge’s recommendations.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 26th day of February, 2013.

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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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