Caldwell v. Texas Board of Pardons and Paroles

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATIONS. This civil rights complaint is DISMISSED without prejudice in accordance with the sanctions imposed by the Fifth Circuit. All motions not previously ruled on are hereby DENIED. Signed by Judge Leonard Davis on 10/27/14. (mll, )

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

ROBERT F. CALDWELL, #933046

§

VS.

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TEXAS BOARD OF PARDONS AND
PAROLES

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CIVIL ACTION NO. 6:14cv769

ORDER OF DISMISSAL
Plaintiff Robert F. Caldwell, an inmate confined in the Texas prison system, proceeding pro
se, filed the above-styled and numbered civil rights lawsuit pursuant to 42 U.S.C. § 1983. He
complains that the Texas Board of Pardons and Paroles refuses to give him a clemency hearing. The
cause of action was directly assigned to United States Magistrate Judge K. Nicole Mitchell, who
issued a Report and Recommendation concluding that the lawsuit was improvidently filed because
Plaintiff did not show that he had satisfied the sanctions imposed by the Fifth Circuit in Caldwell
v. Quarterman, No. 07-40780 (5th Cir. 2007), cert. denied, 553 U.S. 1081 (2008). Plaintiff has filed
objections.
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 objections raised by Plaintiff to the Report, the Court is of the opinion that
the findings and conclusions of the Magistrate Judge are correct and the objections of Plaintiff are
without merit. It is specifically noted that the Fifth Circuit mandated that “the clerks of all federal
district courts within this circuit are directed to refuse to file any pro se complaint or appeal from

Caldwell unless he submits proof of satisfaction of the $300 in sanctions.” Id. Plaintiff did not show
that he has paid the sanctions imposed against him; thus, this Court should not have filed his lawsuit.
Magistrate Judge Mitchell correctly concluded that the lawsuit was improvidently filed. 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 civil rights complaint is DISMISSED without prejudice in accordance
with the sanctions imposed by the Fifth Circuit. All motions not previously ruled on are hereby
DENIED.
So ORDERED and SIGNED this 27th day of October, 2014.

__________________________________
LEONARD DAVIS
UNITED STATES DISTRICT JUDGE

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