Burton v. Doyle

Filing 6

MEMORANDUM AND OPINION and ORDER ADOPTING 4 Report and Recommendations of the United States Magistrate Judge. ORDERED that the civil action be and hereby is DISMISSED WITH PREJUDICE. Signed by Judge Michael H. Schneider on 2/12/2015. (gsg)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
BOBBY E. BURTON

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v.

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LARRY DOYLE

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CIVIL ACTION NO. 6:14cv358

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Plaintiff Bobby Burton, proceeding pro se, filed this civil rights lawsuit under 42 U.S.C.
§1983 complaining of alleged violations of his constitutional rights. 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.
After review of the pleadings, the magistrate judge entered a report recommending that the
lawsuit be dismissed as barred by the “three strikes” provision of 28 U.S.C. §1915(g). Burton
received a copy of the report but filed no objections thereto; he is therefore barred from de novo
review by the district judge of those findings, conclusions, and recommendations and, except upon
grounds of plain error, from appellate review of the unobjected-to proposed factual findings and legal
conclusions accepted and adopted by the district court. Douglass v. United Services Automobile
Association, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc).
The Court has reviewed the pleadings in this cause and the Report of the Magistrate Judge.
Upon such review, the Court has determined that the Report of the Magistrate Judge is correct. See
United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir.), cert. denied, 492 U.S. 918, 109 S.Ct. 3243
(1989) (where no objections to a Magistrate Judge’s Report are filed, the standard of review is
“clearly erroneous, abuse of discretion and contrary to law.”). It is accordingly
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ORDERED that the Report of the Magistrate Judge (docket no. 4) is ADOPTED as the
opinion of the District Court. It is further
ORDERED that the above-styled civil action be and hereby is DISMISSED WITH
PREJUDICE as to the refiling of another in forma pauperis lawsuit raising the same claims as
herein presented, but without prejudice to the refiling of this lawsuit without seeking in forma
.
pauperis status and upon payment of the statutory $400.00 filing fee. It is further
ORDERED that should the Plaintiff pay the full filing fee within 15 days after the date of
entry of final judgment in this case, he shall be allowed to proceed in the lawsuit as through the full
fee had been paid from the outset. Finally, it is
ORDERED that any and all motions which may be pending in this action are hereby
DENIED.
SIGNED this 12th day of February, 2015.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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