Calton v. Wright et al

Filing 10

ORDER ADOPTING 6 Report and Recommendations; dismissing the complaint with prejudice for purposes of IFP proceedings; and denying 2 Motion for Leave to Proceed in forma pauperis filed by Allen Fitzgerald Calton. Pltf may resume the lawsuit if he pays the entire filing fee of $350 within 30 days after the entry of this order. All motions not previously ruled on are hereby DENIED. Signed by Judge Leonard Davis on 03/12/12. cc:pltf 3-13-12(mll, ) Modified on 3/13/2012 (mll, ).

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

ALLEN FITZGERALD CALTON, #1123880 §
VS.

§

GARY WRIGHT, ET AL.

CIVIL ACTION NO. 6:12cv87

§
ORDER OF DISMISSAL

Plaintiff Allen Fitzgerald Calton, a prisoner confined in the Texas prison system, proceeding
pro se and attempting to proceed 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 motion to proceed in forma pauperis (docket entry #2) is
DENIED. The Plaintiff may resume the lawsuit if he pays the entire filing fee of $350 within thirty
days after the entry of this order. It is finally
ORDERED that all motions not previously ruled on are hereby DENIED.
So ORDERED and SIGNED this 12th day of March, 2012.

__________________________________
LEONARD DAVIS
UNITED STATES DISTRICT JUDGE

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