Mack v. Texas Board of Pardons & Paroles et al

Filing 7

MEMORANDUM OPINION adopting 4 Report and Recommendation. Ordered that Plaintiff's 2 motion to proceed in forma pauperis, is denied. Ordered that Plaintiff's civil rights lawsuit is dismissed with prejudice as to the refiling of anothe r in forma pauperis lawsuit raising the same claims as presented in this case, but without prejudice to the refiling of this lawsuit without seeking in forma pauperis status and upon payment of the full filing fee. Ordered that any and all motions which may be pending in this civil action are hereby denied. Signed by District Judge Ron Clark on 4/13/2018. (bjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
CRAIG MACK, #612010

§

v.

§

TDCJ-CID, ET AL.

§

CIVIL ACTION NO. 6:17cv350

MEMORANDUM OPINION ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
Plaintiff Craig Mack, pro se, filed this civil rights lawsuit under 42 U.S.C. § 1983. The
cause of action was referred for findings of fact, conclusions of law, and recommendations for the
disposition of the petition.
After reviewing the pleadings in this case, the Magistrate Judge issued a Report, (Dkt. #4),
recommending that his complaint be dismissed under 28 U.S.C. § 1915(g) because Mack has filed
at least six previous lawsuits or appeals which have been dismissed, in whole or in part, as frivolous
or for failure to state a claim upon which relief can be granted. The Magistrate Judge determined
that Mack did not pay the full filing fee and failed to meet the imminent danger requirement, and
thus could not proceed under the in forma pauperis statute. (Dkt. #4). A copy of this Report was
sent to Mack at his address; return receipt requested. The docket shows that Mack received a copy
of the Report on June 21, 2017. (Dkt. #6). However, to date, no objections to the Report have
been filed and no filing fee has been paid.
Accordingly, Mack is barred from de novo review by the District Judge of those findings,
conclusions, and recommendations and, except upon grounds of plain error, from appellate review
of the unobjected-to proposed factual findings and legal conclusions accepted and adopted by the

1

district court. Douglass v. United Services Automobile Association, 79 F.3d 1415, 1430 (5th Cir.
1996) (en banc).
The Court has reviewed the pleadings in this cause and the Report of the Magistrate Judge.
Upon such review, the Court has determined that the Report of the Magistrate Judge is correct. See
United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir.), cert. denied, 492 U.S. 918, 109 S.Ct. 3243
(1989) (where no objections to a Magistrate Judge’s Report are filed, the standard of review is
“clearly erroneous, abuse of discretion and contrary to law.”). Accordingly it is
ORDERED that the Report of the Magistrate Judge, (Dkt. #4), is ADOPTED as the
opinion of the Court. Moreover, it is
ORDERED that Plaintiff’s motion to proceed in forma pauperis, (Dkt. #2), is DENIED.
Further, it is
ORDERED that Plaintiff’s above-styled civil rights lawsuit is DIMISSED with prejudice
as to the refiling of another in forma pauperis lawsuit raising the same claims as presented in this
case, but without prejudice to the refiling of this lawsuit without seeking in forma pauperis status
and upon payment of the full filing fee. Finally, it is
ORDERED that any and all motions which may be pending in this civil action are hereby
DENIED.

So Ordered and Signed
Apr 13, 2018

2