Brown v. Jones

Filing 7

MEMORANDUM OPINION AND ORDER. Plaintiff has yet to pay the full filing fee or file an application to proceed in forma pauperis. Plaintiff's objections are without merit. Signed by Judge Marcia A. Crone on 10/26/15.

UNITED STATES DISTRICT COURT

CHRISTOPHER M. BROWN,
Plaintiff,
versus
DALLAS B. JONES, WARDEN,
Defendant.

EASTERN DISTRICT OF TEXAS

§
§
§
§
§
§
§
§
§

CIVIL ACTION NO. 1:15-CV-240

MEMORANDUM OPINION AND ORDER
Plaintiff, Christopher M. Brown, a prisoner currently confined at FCC Beaumont Medium,
proceeding pro se, filed what appeared to be a Bivens-type action against defendant Dallas B.
Jones, Warden.1
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 action be dismissed for want of prosecution pursuant to
Federal Rule of Civil Procedure 41(b).
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. 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 the applicable law. See FED. R. CIV. P.
72(b).

1

In Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971), the
Supreme Court recognized an individual’s right to recover damages from federal officials for violation of
constitutional rights.

After careful consideration, the court finds plaintiff’s objections are without merit. Despite
ample opportunity to do so, plaintiff has yet to pay the full filing fee or file an application to
proceed in forma pauperis accompanied with the requisite documents.2
ORDER
Accordingly, the objections of the plaintiff are OVERRULED. 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 at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 26th day of October, 2015.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

2

In his objections, plaintiff does not address his failure to comply with the Magistrate Judge’s order entered
July 13, 2015. Plaintiff’s objections pertain to his complaint and his attempts to exhaust his administrative
remedies.

2