Tucker v. Livingston et al

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Report and Recommendation 14 is ADOPTED. The civil rights complaint is DISMISSED without prejudice for want of prosecution and failure to obey an order. All motions not previously ruled on are hereby DENIED. Signed by Judge Michael H. Schneider on 10/14/14. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
GEORGE LEE TUCKER, II, #786947

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VS.

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BRAD LIVINGSTON, ET AL.

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CIVIL ACTION NO. 6:14cv659

ORDER OF DISMISSAL
Plaintiff George Lee Tucker, II, an inmate confined at the Coffield Unit of the Texas prison
system, proceeding pro se and in forma pauperis, filed this 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 (docket entry #14) concluding that the case should be dismissed without
prejudice for want of prosecution and failure to obey an order. Tucker has filed objections.
Tucker began the lawsuit by filing an original complaint and a motion for leave to proceed in
forma pauperis. He subsequently submitted an application to proceed in forma pauperis and an in
forma pauperis data sheet (docket entry #6). Based on the information provided to the Court, Tucker
was ordered to pay an initial partial filing fee of $.65. It is noted that his in forma pauperis data sheet
reveals that he had $3.29 in his trust fund account. The Plaintiff filed a response (docket entry #11)
complaining that he should not be required to pay the initial partial filing fee. He specifically argued
that litigants should not be required to give up their last dollar and make themselves wholly destitute.
Magistrate Judge Mitchell then issued the Report and Recommendation,
The Report of the Magistrate Judge, which contains her 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 Tucker to the Report, the Court is of the opinion

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that the findings and conclusions of the Magistrate Judge are correct and that Tucker’s objections lack
merit. The initial partial filing fee assessed in this case is consistent with the statutory requirements
of 28 U.S.C. § 1915. Tucker’s complaints to the contrary and his submission of postage stamps does
not satisfy the requirement to pay the initial partial filing fee. 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 #14) is ADOPTED. It is also
ORDERED that the civil rights complaint is DISMISSED without prejudice for want of
prosecution and failure to obey an order. Fed. R. Civ. P. 41(b); Rule 41, Local Rules for the Eastern
District of Texas. It is finally
ORDERED that all motions not previously ruled on are hereby DENIED.
It is SO ORDERED.
SIGNED this 14th day of October, 2014.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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