Cooksey v. Rupert et al
Filing
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MEMORANDUM ADOPTING 10 Report and Recommendations of the US Magistrate Judge and Entering Final Judgment. It is ORDERED that the civil action is DISMISSED without prejudice for failure to prosecute or to obey an order of the Court. All motions which may be pending in this action are DENIED. Signed by Judge Michael H. Schneider on 2/15/2012. (leh, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
EDWARD L. COOKSEY
§
v.
§
JOHN RUPERT, ET AL.
§
CIVIL ACTION NO. 6:11cv444
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Plaintiff Edward Cooksey, proceeding pro se, filed this civil rights lawsuit under
42 U.S.C. §1983 complaining of alleged violations of his constitutional rights in the Texas
Department of Criminal Justice, Correctional Institutions Division. This Court ordered that the case
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 ordered Cooksey to pay an initial partial filing fee of $6.96,
pursuant to 28 U.S.C. §1915(b). This sum was based upon Cooksey’s inmate trust account data
sheet, which showed that he had received three separate deposits totalling $315.96 over the
preceding six months, an average of $52.66 per month. He had maintained an average balance in
his inmate trust account of $34.84 over this period of time.
When Cooksey did not pay the fee, the Magistrate Judge issued a Report
recommending that the lawsuit be dismissed without prejudice for failure to prosecute or to obey an
order of the Court. Cooksey filed a “declaration in support of motion for leave to proceed in forma
pauperis,” which the Court construes as objections to the Report of the Magistrate Judge.
In his declaration, Cooksey first says that he has received no money over the past
twelve months from any source whatsoever. He then says that he “only receives money maybe every
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six months and it is in a very small amount.” He makes no mention of the sums of money which are
shown on the inmate trust account data sheet which he filed, including one deposit of $200.00 and
one deposit of $104.58. He did not furnish another inmate trust account data sheet and fails to verify
his claim that he has no assets with which to pay the filing fee. Cooksey’s objections to the Report
of the Magistrate Judge are without merit.
The Court has conducted a careful de novo review of the pleadings in this cause and
the Report of the Magistrate Judge. Upon such review, the Court has concluded that the Report of
the Magistrate Judge is correct and that the Plaintiff’s objections are without merit. It is accordingly
ORDERED that the Report of the Magistrate Judge (docket no. 10) is hereby
.
ADOPTED as the opinion of the District Court. It is further
ORDERED that the above-styled civil action be and hereby is DISMISSED without
prejudice for failure to prosecute or to obey an order of the Court. It is further
ORDERED that any and all motions which may be pending in this action are hereby
DENIED.
It is SO ORDERED.
SIGNED this 15th day of February, 2012.
____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE
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