Hodges v. Harris et al

Filing 13

ORDER ADOPTING 8 Report and Recommendations. The complaint is DISMISSED without prejudice for failure to obey an order of the Court and for failure to prosecute. All motions by either party not previously ruled on are DENIED. Signed by Judge Leonard Davis on 12/03/08. cc:pltf 12-03-08(mll, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION LORENZA L. HODGES, #600727 VS. SANDI HARRIS, ET AL. § § § ORDER OF DISMISSAL CIVIL ACTION NO. 6:08cv315 Plaintiff Lorenza L. Hodges, a prisoner confined in the Texas prison system, proceeding pro se and in forma pauperis, filed this civil rights lawsuit pursuant to 42 U.S.C. § 1983. The complaint was referred to United States Magistrate Judge John D. Love, who issued a Report and Recommendation concluding that the complaint should be dismissed for failure to obey an order and for failure to prosecute because the Plaintiff failed to pay the initial partial filing fee order. The Plaintiff filed objections and was given additional time to pay the initial partial filing fee order. As of today, however, he still has not complied with the Court's order nor otherwise been in contact with the Court. The Report of the Magistrate Judge, which contains proposed findings of fact and recommendations for the disposition of such action, has been presented for consideration, and having made a de novo review of the objections raised by the Plaintiff, the Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct, and the objections by the Plaintiff are without merit. Thus the Court hereby adopts the findings and conclusions of the Magistrate Judge as the findings and conclusions of the Court. It is accordingly 1 ORDERED that the complaint is DISMISSED without prejudice for failure to obey an order of the Court and for failure to prosecute. Fed. R. Civ. P. 41(b); Rule 41, Local Rules for the Eastern District of Texas. It is finally ORDERED that all motions by either party not previously ruled on are hereby DENIED. So ORDERED and SIGNED this 3rd day of December, 2008. __________________________________ LEONARD DAVIS UNITED STATES DISTRICT JUDGE 2

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