Pate v. Wheat et al

Filing 34

ORDER ADOPTING 29 Report and Recommendations. The complaint is DISMISSED with prejudice for purposes of IFP proceedings. Pltf's IFP status is REVOKED. The pltf may proceed with the lawsuit if he pays the remainder of the entire filing fee of $350.00 within 30 days from the entry of this Order. All motions by either party not previously ruled on are hereby DENIED. Signed by Judge Leonard Davis on 11/30/09. cc:attys 11-30-09(mll, )

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

CHEYENNE PATE, #773478 VS. KEVIN R. WHEAT, ET AL.

§ § § ORDER OF DISMISSAL CIVIL ACTION NO. 6:09cv259

Plaintiff Cheyenne Pate, 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 pursuant to the "three strikes" provisions of 28 U.S.C. § 1915(g). The Plaintiff has filed objections. 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. Therefore the Court hereby adopts the findings and conclusions of the Magistrate Judge as the findings and conclusions of the Court. It is accordingly ORDERED that the complaint is DISMISSED with prejudice for purposes of in forma pauperis proceedings pursuant to 28 U.S.C. § 1915(g). It is further

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ORDERED that the Plaintiff's in forma pauperis status is REVOKED. The Plaintiff may proceed with the lawsuit if he pays the remainder of the entire filing fee of $350 within thirty days from the entry of this Order. See Carson v. Johnson, 112 F.3d 818, 823 (5th Cir. 1997). It is finally ORDERED that all motions by either party not previously ruled on are hereby DENIED. So ORDERED and SIGNED this 30th day of November, 2009.

__________________________________ LEONARD DAVIS UNITED STATES DISTRICT JUDGE

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