Lynn v. Staff at the Telford Unit

Filing 18

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE ON PLAINTIFFS APPLICATION FOR LEAVE TO PROCEED IN FORMA PAUPERIS for 11 Report and Recommendations, granting 15 MOTION for Extension of Time to File filed by Sean Lynn, denying 8 MOTION for Leave to Proceed in forma pauperis filed by Sean Lynn. Signed by Judge Michael H. Schneider on 1/24/13. (mrm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
SEAN LYNN

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v.

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STAFF AT THE TELFORD UNIT, ET AL.

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CIVIL ACTION NO. 5:12cv114

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
ON PLAINTIFF’S APPLICATION FOR LEAVE TO PROCEED IN FORMA PAUPERIS
The Plaintiff Sean Lynn filed this civil rights lawsuit under 42 U.S.C. §1983 complaining
of alleged deprivations of his constitutional rights. Lynn sought in forma pauperis status in his
lawsuit. This Court ordered that the matter be referred to the United States Magistrate Judge
pursuant to 28 U.S.C. §636(b)(1) and (3) and the Amended Order for the Adoption of Local Rules
for the Assignment of Duties to United States Magistrate Judges.
The Magistrate Judge reviewed Lynn’s application for leave to proceed in forma pauperis
and determined that Lynn had a six-month average balance of $2,046.57 in his inmate trust account,
and a current balance of $3,246.14. The Magistrate Judge concluded that Lynn had ample resources
with which to pay a filing fee of $350.00, and recommended that the application for leave to proceed
in forma pauperis be denied.
Lynn received a copy of this Report on December 4, 2012, but has filed no objections thereto;
accordingly, he is barred from de novo review by the district judge of those findings, conclusions,
and recommendations and, except upon grounds of plain error, from appellate review of the
unobjected-to proposed factual findings and legal conclusions accepted and adopted by the district
court. Douglass v. United Services Automobile Association, 79 F.3d 1415, 1430 (5th Cir. 1996)

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(en banc). Lynn has requested an extension of time in which to pay the filing fee, which request is
meritorious.
The Court has reviewed the pleadings and records in this cause as well as the Report of the
Magistrate Judge. Upon such review, the Court has determined that the Report of the Magistrate
Judge is correct. See United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir.), cert. denied, 492 U.S.
918, 109 S.Ct. 3243 (1989) (where no objections to a Magistrate Judge’s Report are filed, the
standard of review is “clearly erroneous, abuse of discretion and contrary to law.”). It is accordingly
ORDERED that the Report of the Magistrate Judge (docket no. 11) is ADOPTED as the
opinion of the District Court. It is further
ORDERED that the Plaintiff’s application for leave to proceed in forma pauperis (docket no.
8) is hereby DENIED. The Plaintiff’s motion for extension of time in which to pay the filing fee and
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to file an amended complaint (docket no. 15) is GRANTED. The Plaintiff shall have until March
4, 2013, in which to pay the filing fee of $350.00 and to file an amended complaint setting forth a
short and plain statement of his claims, as set out in the Magistrate Judge’s order dated November
26, 2012. Failure to comply with these orders could result in dismissal of the case for failure to
prosecute or to obey an order of the Court.
It is SO ORDERED.
SIGNED this 24th day of January, 2013.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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