Calton v. Wright et al

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Report and Recommendation 6 is ADOPTED. The civil rights complaint is DISMISSED with prejudice for purposes of in forma pauperis proceedings. Calton's motion to proceed in forma pauperis 3 is DENIED. Calton 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 06/03/14. (mll, )

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

ALLEN F. CALTON, #1123880

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VS.

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DR. GARY WRIGHT, ET AL.

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CIVIL ACTION NO. 6:14cv407

ORDER OF DISMISSAL
Plaintiff Allen F. Calton, an inmate confined at the Michael Unit of the Texas prison system,
proceeding pro se and seeking to proceed in forma pauperis, filed the above-styled and numbered civil
rights lawsuit pursuant to 42 U.S.C. § 1983. The complaint was directly assigned 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). Calton 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 Calton, the Court is of the opinion that the findings
and conclusions of the Magistrate Judge are correct, and the objections raised by Calton are without
merit. It is specifically noted that Calton has a history of abuse of court. He has accumulated more
than “three strikes” for purposes of § 1915(g). The facts as alleged in the present lawsuit do not give
rise to an inference that he was under imminent danger of serious physical injury at the time he filed
the lawsuit and his application to proceed in forma pauperis; thus, the lawsuit should be dismissed
with prejudice for purposes of in forma pauperis proceedings. Calton’s objections and arguments to
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the contrary lack 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 Report and Recommendation (docket entry #6) 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 Calton’s motion to proceed in forma pauperis (docket entry #3) is DENIED.

It is further
ORDERED that Calton 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 3rd day of June, 2014.

____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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