Lewis v. McFarling et al

Filing 21

ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 13 Report and Recommendation. ORDERED that Plaintiff's complaint is DISMISSED without prejudice pursuant to Fed. R. Civ. P. 41(b). It is further ORDERED that any and all motions not yet addressed are hereby DENIED. Signed by Judge Richard A. Schell on 3/30/2012. (kls, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
COURTNEY LEWIS, #136971

§

VS.

§

CIVIL ACTION NO. 4:11cv81

HONORABLE BRUCE McFARLING, ET AL. §
ORDER OF DISMISSAL
Plaintiff Courtney Lewis, an inmate confined in the Denton County Jail, proceeding pro se
and seeking to proceed in forma pauperis, filed the above-styled and numbered civil rights lawsuit
pursuant to 42 U.S.C. § 1983. The case was referred to United States Magistrate Judge Don D.
Bush, who issued a Report and Recommendation that the claims Plaintiff filed pursuant to § 1983
be dismissed without prejudice for failure to prosecute and failure to obey an order pursuant to Fed.
R. Civ. P. 41(b). Plaintiff was ordered on July 7, 2011 to pay an initial partial filing fee within 30
days or show cause why he could not and had been warned that failure to do could result in
dismissal of his lawsuit. He did not pay the initial partial filing fee nor show that he had insufficient
funds with which to do so. Nonetheless, Plaintiff has filed objections. He simply contends that the
Court is not receiving his pleadings because the jail has failed to file them on his behalf. Therefore,
he filed a grievance with the jail facility. As of the date of his objections, October 3, 2011, he still
has not either paid the initial partial filing fee nor shown that he has insufficient funds. Further, the
docket itself shows that his pleadings continue to be filed regularly in this Court, including his
objections and a discovery motion. Therefore, his objections are baseless.
Having made a de novo review of the objections raised by Plaintiff to the Report, the Court
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is of the opinion that the findings and conclusions of the Magistrate Judge are correct and Plaintiff’s
objections are without merit. Accordingly, the Court adopts the findings and conclusions of the
Magistrate Judge as the findings and conclusions of the Court. It is therefore
ORDERED that Plaintiff’s complaint is DISMISSED without prejudice pursuant to Fed.
R. Civ. P. 41(b). It is further
ORDERED that any and all motions not yet addressed are hereby DENIED.
.

SIGNED this the 30th day of March, 2012.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

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