Fox v. Daniel et al

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 5 Report and Recommendations and dismissing case with prejudice. Signed by Judge Robert W. Schroeder, III on 10/31/16. (mjc, )

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

v.

REECE DANIEL, et al.

§
§
§
§
§
§
§
§

CIVIL ACTION NO. 6:16cv44

ORDER ADOPTING REPORT AND
RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE

The Report and Recommendation of the Magistrate Judge, which contains her findings,
conclusions, and recommendation for the disposition of the complaint has been presented for
consideration.

The Report and Recommendation (Docket No. 5), filed on February 10,

2016, recommends that the complaint be dismissed with prejudice under Federal Rule of Civil
Procedure 41(b). The Court previously ordered that Plaintiff must obtain permission of the
Court before filing any new litigation in the Eastern District of Texas.

Fox v. City of

Jacksonville, Texas, Civil Action No. 2:10-CV-158, Docket No. 56 (E.D. Tex. July 21, 2011).
Plaintiff has not shown that he received permission to file the present lawsuit. The Report
and Recommendation was mailed to Plaintiff on February 11 and June 9, 2016 via certified
mail. Delivery could not be accomplished at the address provided by Plaintiff. Plaintiff has not
provided any other address or otherwise contacted the Court.

No written objections have

been filed to the Report and Recommendation. The Court therefore ADOPTS the findings and
conclusions of the Magistrate Judge as those of the Court.

In light of the foregoing, it is
ORDERED that the complaint is DISMISSED with prejudice.

So ORDERED and SIGNED this 31st day of October, 2016.

____________________________________
ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE

Page 2 of 2