Dean v. Stephens et al

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Report and Recommendation 9 is ADOPTED. The civil rights complaint is DISMISSED without prejudice for want ofprosecution and failure to obey an order. All motions not previously ruled on are hereby DENIED. Signed by Judge Michael H. Schneider on 08/19/15. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
ROGER DALE DEAN, #1068114

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VS.

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WILLIAM STEPHENS, ET AL.

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CIVIL ACTION NO. 6:15cv479

ORDER OF DISMISSAL
Plaintiff Roger Dale Dean, an inmate confined at the Michael 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 referred to United States Magistrate Judge K. Nicole Mitchell, who issued a Report and
Recommendation (docket entry #9) concluding that the case should be dismissed without prejudice
for want of prosecution and failure to obey an order because Plaintiff failed to comply with an order
to pay an initial partial filing fee of $56.37.
Plaintiff has filed objections. He asked the Court to reverse the Magistrate Judge’s order or,
alternatively, dismiss the case without prejudice in order to permit him to refile the complaint. He
attached documentation showing that he has the money to pay the initial partial filing fee. Over the
last six months, his average monthly deposits were $280.83. Nonetheless, the Court has not received
the initial partial filing fee from him in this case.
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 Plaintiff to the Report, the Court is of the opinion
that the findings and conclusions of the Magistrate Judge are correct and that Plaintiff’s objections lack

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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 #9) 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 19th day of August, 2015.

____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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