El Shabazz Bey v. Tang et al

Filing 33

ORDER OF DISMISSAL adopting 30 Report and Recommendation. It is therefore ORDERED that Plaintiff's amended complaint is DISMISSED without prejudice. All motions by either party not previously ruled on are hereby DENIED. Signed by District Judge Sean D. Jordan on 02/03/2024. (xl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
MUSTAFA EL SHABAZZ BEY, also
known as NOLAND ROOSEVELT
BYRD

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VS.
MICHAEL TANG, ET AL.

CIVIL CASE NO. 4:23-CV-151-SDJ

ORDER OF DISMISSAL
This case was referred to United States Magistrate Judge Kimberly C. Priest
Johnson, who issued a Report and Recommendation (Dkt. #30) concluding that
Plaintiff’s lawsuit should be dismissed without prejudice for want of prosecution for
Plaintiff’s failure to comply with the Court’s Order to file a second amended complaint
and any request to proceed in forma pauperis using his full legal name, Noland
Roosevelt Byrd, or, alternatively, to pay all regular filing fees required by the Clerk
of Court ($402.00). Plaintiff filed objections.
In the objections, Plaintiff continues to urge he does not need to file a second
amended complaint and request to proceed in forma pauperis using his full legal
name, Noland Roosevelt Byrd. However, he has not submitted proof that his name
has been legally changed from Noland Roosevelt Byrd to Mustafa El Shabazz Bey
under the laws of the United States and/or the State of Texas. Plaintiff has not filed
a second amended complaint and request to proceed in forma pauperis using his full
legal name, Noland Roosevelt Byrd. Nor has Plaintiff paid all regular filing fees
required by the Clerk of Court ($402.00). Plaintiff’s objections are without merit.

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Plaintiff has not complied with the Court’s Order; thus, he has failed to prosecute his
case.
The Report and Recommendation of the Magistrate Judge, which contains
proposed findings of fact and recommendations for the disposition of such action, has

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been presented for consideration. Having made a de novo review of the objections
raised by Plaintiff to the Report, 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 amended complaint is DISMISSED
without prejudice. All motions by either party not previously ruled on are hereby
DENIED.
So ORDERED and SIGNED this 3rd day of February, 2024.

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SEAN D. JORDAN
UNITED STATES DISTRICT JUDGE

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