Sheppard v. Dewberry et al

Filing 34

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Report and Recommendation 31 is ADOPTED. The civil rights complaint is DISMISSED with prejudice for purposes of in forma pauperis proceedings. Sheppard's IFP status is revoked. Sheppard may resume the lawsuit if he pays the entire filing fee of $400 within 30 days after the entry of the final judgment. All motions not previously ruled on are hereby DENIED. Signed by Judge Michael H. Schneider on 12/18/14. (mll, )

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

CURTIS LEE SHEPPARD, JR., #1656666

§

VS.

§

D. DEWBERRY, ET AL.

§

CIVIL ACTION NO. 6:13cv501

ORDER OF DISMISSAL
Plaintiff Curtis Lee Sheppard, Jr., an inmate confined at the Michael Unit of the Texas prison
system, proceeding pro se and in forma pauperis, filed the above-styled and numbered civil rights
lawsuit pursuant to 42 U.S.C. § 1983. The complaint was referred to United States Magistrate Judge
K. Nicole Mitchell, who issued a Report and Recommendation concluding that the lawsuit should be
dismissed with prejudice for purposes of in forma pauperis proceedings pursuant to 28 U.S.C. §
1915(g). Sheppard 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 Sheppard, the Court is of the opinion that the
findings and conclusions of the Magistrate Judge are correct, and the objections raised by Sheppard
are without merit. It is specifically noted that on June 30, 2014, the Fifth Circuit issued an order
pointing out that Sheppard has three strikes for purposes of 28 U.S.C. § 1915(g). Sheppard v.
Dewberry, No. 13-41321 (5th Cir. June 30, 2014). In light of the order, it became abundantly clear
that Sheppard was improvidently granted in forma pauperis status. His complaint about being charged
a medical co-pay does not give rise to an inference that he was under imminent danger of serious
1

physical injury at the time he filed the lawsuit in order to satisfy the exception to § 1915(g). Nothing
in his objections show that his lawsuit should not be dismissed pursuant to § 1915(g). 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 Report and Recommendation (docket entry #31) is ADOPTED. It is
further
ORDERED that the civil rights complaint is DISMISSED with prejudice for purposes of in
.
forma pauperis proceedings pursuant to 28 U.S.C. § 1915(g). It is further
ORDERED that Sheppard’s in forma pauperis status is revoked. Sheppard may resume the
lawsuit if he pays the entire filing fee of $400 within thirty days after the entry of the final judgment.
It is finally
ORDERED that all motions not previously ruled on are hereby DENIED.
It is SO ORDERED.
SIGNED this 18th day of December, 2014.

____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

2