Varner v. Brown et al

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Plaintiff's constructive objections are OVERRULED and the Report of the Magistrate Judge is ADOPTED as the opinion of the District Court. This civil action is DISMISSED WITHOUT PREJUDICE for failure to prosecute and failure to obey an order. Any and all other motions that may be pending in this civil action are hereby DENIED. Signed by Judge Leonard Davis on 12/09/13. (mll, )

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

DANNY VARNER, #100094

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VS.

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DR. BROWN, ET AL.

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CIVIL ACTION NO. 6:13cv681

ORDER OF DISMISSAL
The above-entitled and numbered civil action was heretofore referred to United States
Magistrate Judge John D. Love.

The Report and Recommendation (“R&R”) of the Magistrate

Judge, which contains proposed findings of fact and recommendations for the disposition of such
action, concludes that this civil rights action should be dismissed without prejudice for failure to
prosecute and failure to obey an order.

Specifically, Plaintiff has failed to comply with the

requirements in the Order of Severance (docket entry #1) in this case to file an amended complaint
and either pay the filing fee or file a motion to proceed in forma pauperis. Plaintiff has not filed
objections, but has responded to the Report and Recommendation and/or the Order of Severance by
filing two documents in particular, which the Court will construe in the same light as formal
objections. One is a two-page, handwritten letter addressed to the Clerk that starts with the sentence,
“Enclosed please find the Amendment to my complaint.” See docket entry #11. However, there is
no “amendment” and no amended complaint attached to his letter or filed separately. Therefore,
Plaintiff has failed to comply with the requirement to file an amended complaint set forth in the
Order of Severance. The second is a completed form motion to proceed in forma pauperis. See
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docket entry #12. However, Plaintiff failed to include an in forma pauperis data sheet reflecting his
inmate trust fund account, which is required for a prisoner in forma pauperis request.

Again,

Plaintiff has failed to comply with the Court’s requirements.
The Court has conducted a careful de novo review of the pleadings in this case, the Report
of the Magistrate Judge, the Plaintiff’s constructive objections thereto, and all other documents, and
records in the case. Upon such de nov o 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 Plaintiff’s constructive objections are OVERRULED and the Report of
the Magistrate Judge is ADOPTED as the opinion of the District Court. It is further
ORDERED that the above-styled civil case be and hereby is DISMISSED WITHOUT
PREJUDICE for failure to prosecute and failure to obey an order. It is finally
ORDERED that any and all other motions that may be pending in this civil action are hereby
DENIED.
So ORDERED and SIGNED this 9th day of December, 2013.

__________________________________
LEONARD DAVIS
UNITED STATES DISTRICT JUDGE

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