Johnson v. Collin County Sheriff's Department

Filing 36

ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATIONS for 33 Report and Recommendations. ORDERED that Plaintiff's complaint is DISMISSED with prejudice for purposes of in forma pauperis proceedings pursuant to 28 U.S.C. § 1915(g). It is further ORDERED Plaintiff's in forma pauperis status is REVOKED. All motions by either party not previously ruled on are hereby DENIED. Signed by Judge Amos L. Mazzant, III on 3/2/2017. (daj, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

DIETRICK LEWIS JOHNSON, SR., #311820 §
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VS.
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COLLIN COUNTY SHERIFF’S DEPT.
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CIVIL ACTION NO. 4:14cv683

ORDER OF DISMISSAL
This case was referred to United States Magistrate Judge Christine A. Nowak, who issued a
Report and Recommendation (Dkt. #33) concluding that Plaintiff’s case should be dismissed with
prejudice. The Report and Recommendation of the Magistrate Judge, which contains proposed
findings of fact and recommendations for the disposition of such action, has been presented for
consideration. Plaintiff filed objections, but only argues that he should not have to pay filing fees since
his complaint is being dismissed. However, the Fifth Circuit has made it clear that a prisoner is
required to pay the full filing fee upon the filing of a complaint, and that no relief should be given from
an order directing payment, even when a plaintiff moves for a voluntary dismissal. Hatchet v. Nettles,
201 F.3d 651, 654 (5th Cir. 2000) (emphasis added). Having made a de novo review of the
objections raised by Petitioner to the Report (Dkt. #34), the Court concludes that the findings
and conclusions of the Magistrate Judge are correct, and adopts the same as the findings and
conclusions of the Court. It is therefore
ORDERED that Plaintiff’s complaint is DISMISSED with prejudice for purposes of in forma
pauperis proceedings pursuant to 28 U.S.C. § 1915(g). It is further ORDERED Plaintiff’s in forma

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pauperis status is REVOKED. All motions by either party not previously ruled on are hereby
DENIED.

SIGNED this 2nd day of March, 2017.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE

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