Nelson v. Choice Moore Medical Dept

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 14 Report and Recommendations. It is therefore ORDERED Plaintiff's complaint (Dkt. #10) is DISMISSED without prejudice. It is further ORDERED all motions not previously ruled on are hereby DENIED. Signed by District Judge Amos L. Mazzant, III on 12/15/2017. (daj, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
RICKY NELSON, #2079621
VS.
CHOICE MOORE MEDICAL DEPT.

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CIVIL ACTION NO. 4:16cv909

ORDER OF DISMISSAL
This civil action was referred to United States Magistrate Judge, Kimberly C. Priest
Johnson, who issued a Report and Recommendation concluding that the complaint should be
dismissed without prejudice (Dkt #14). The Report, which contains proposed findings of fact and
recommendations for the disposition of such action, has been presented for consideration. Plaintiff
filed objections. After conducting a de novo review of the objections, the Court concludes they are
without merit.
Plaintiff states he “did not know that he should file a[n] application to proceed in forma
pauperis along with an inmate trust fund account sheet until today being March 31, 2017.” Plaintiff
states he has now submitted an application to proceed in forma pauperis and a copy of his inmate
trust account. He states he has thus “shown good cause why the Court should not dismiss for failure
to prosecute.” Plaintiff is mistaken. On February 9, 2017, the Court granted Plaintiff ‘s motion to
proceed in forma pauperis and ordered him to pay an initial partial filing fee (Dkt. 11). Plaintiff
failed to pay that fee. Plaintiff acknowledges his failure to pay the fee in the first sentence of his
objections, yet, fails to address the issue further. The Magistrate’s Report correctly indicates that
the complaint should be dismissed for failure to comply with the Court’s Order to pay the initial

partial filing fee. The Court concludes 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 Plaintiff’s complaint (Dkt. #10) is DISMISSED without
prejudice.
It is further ORDERED all motions not previously ruled on are hereby DENIED.
SIGNED this 15th day of December, 2017.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE

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