Lindsay v. State of Texas et al

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Complaint is DISMISSED with prejudice for lack of subject matter jurisdiction and for failure to state a claim upon which relief may be granted. Plaintiff is WARNED that any further filings that fail to state an appropriate basis for federal jurisdiction, or that fail to state a claim upon which relief may be granted, may result in the denial of his motion to proceed in forma pauperis and the imposition of a monetary sanction, such that Plaintiff will be prohibited from filing any new lawsuits until the sanction is paid in full. Any motion not previously ruled on is DENIED. Signed by Judge Leonard Davis on 04/14/14. (mll, )

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

v.
STATE OF TEXAS, et al.

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CIVIL ACTION NO. 6:13cv698

ORDER ADOPTING REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
The Report and Recommendation of the Magistrate Judge, which contains her findings,
conclusions, and recommendation for the disposition of this case has been presented for
consideration. The Report and Recommendation (Docket No. 13) recommends that the complaint
be dismissed with prejudice for lack of subject matter jurisdiction and for failure to state a claim
upon which relief may be granted pursuant to FED. R. CIV. P. 12(b)(1) and (6) and 28 U.S.C. §
1915(e)(2). The Report and Recommendation further recommends that Plaintiff be warned that
any further filings that fail to state an appropriate basis for federal jurisdiction, or that fail to state
a claim upon which relief may be granted, may result in the denial of his motion to proceed in
forma pauperis and the imposition of a monetary sanction.
An acknowledgment of receipt card received by the Court reveals that the Report and
Recommendation was received at the address provided by Plaintiff in this case on or before
March 17, 2014. No written objections have been filed. The Court therefore adopts the findings
and conclusions of the Magistrate Judge as those of the Court.
In light of the foregoing, it is
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ORDERED that the Complaint is DISMISSED with prejudice for lack of subject matter
jurisdiction and for failure to state a claim upon which relief may be granted pursuant to FED. R.
CIV. P. 12(b)(1) and (6) and 28 U.S.C. § 1915(e)(2). Plaintiff is WARNED that any further

filings that fail to state an appropriate basis for federal jurisdiction, or that fail to state a claim
upon which relief may be granted, may result in the denial of his motion to proceed in forma
pauperis and the imposition of a monetary sanction, such that Plaintiff will be prohibited from
filing any new lawsuits until the sanction is paid in full.
Any motion not previously ruled on is DENIED.
So ORDERED and SIGNED this 14th day of April, 2014.

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LEONARD DAVIS
UNITED STATES DISTRICT JUDGE

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