Coleman v. Fox et al

Filing 12

ORDER partially adopting the magistrate judge's 9 Report and Recommendation. Signed by Judge Thad Heartfield on 8/20/2015. (bjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
EDWARD HENRY COLEMAN

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VS.

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JOHN B. FOX, et al.,

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CIVIL ACTION NO. 1:14-CV-672

ORDER PARTIALLY ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Plaintiff, Edward Henry Coleman, an inmate formerly confined at USP Beaumont,
proceeding pro se, filed a civil rights action pursuant to 42 U.S.C. § 1983 against numerous
defendants.
The Court referred this matter to the Honorable Zack Hawthorn, United States Magistrate
Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this Court.
The Magistrate Judge recommends this civil rights action be dismissed without prejudice for want
of prosecution pursuant to Federal Rule of Civil Procedure 41(b) for failing to update the court with
his current address.
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 pleadings. Plaintiff filed
objections to the Magistrate Judge’s Report and Recommendation. This requires a de novo review
of the objections in relation to the pleadings and applicable law. See FED. R. CIV. P. 72(b).
After careful consideration, the Court finds the objections lacking in merit. In his objections
dated February 27, 2015, plaintiff did update the Court with his current address and stated that he
would file an application to proceed in forma pauperis as previously ordered on January 22, 2015.
This Court also re-mailed the previous order to plaintiff at his current location which was received
by plaintiff at his new location on March 20, 2015. However, to date, the Court has yet to receive
an application to proceed in forma pauperis or the filing fee. As a result, plaintiff has failed to

diligently prosecute this case and the Report and Recommendation will be partially adopted to the
extent it recommends dismissal for want of prosecution.
ORDER
Accordingly, the findings of fact and conclusions of law of the Magistrate Judge are
correct, and the report of the Magistrate Judge is PARTIALLY ADOPTED to the extent it
recommends dismissal for want of prosecution. A final judgment will be entered in this case in
accordance with the Magistrate Judge’s recommendations.
SIGNED this the 20 day of August, 2015.

____________________________
Thad Heartfield
United States District Judge

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