Lane v. Collier et al

Filing 22

MEMORANDUM ORDER adopting 17 Report and Recommendation. Pltf's in forma pauperis status is revoked, and this action is dismissed with prejudice. Should pltf pay the full $400 filing fee within 15 days of entry of the final judgment, he will be allowed to proceed in the lawsuit. All motions not previously ruled on are denied. Signed by District Judge Ron Clark on 9/25/19. (tkd, )

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

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v.

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BRYAN COLLIER, ET AL.

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CIVIL ACTION NO. 6:17cv566

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Plaintiff Michael Lane, proceeding pro se, filed this civil rights lawsuit under 42 U.S.C.
§1983 complaining of alleged violations of his constitutional rights. This Court ordered that the case
be referred to the United States Magistrate Judge pursuant to 28 U.S.C. §636(b)(1) and (3) and the
Amended Order for the Adoption of Local Rules for the Assignment of Duties to United States
Magistrate Judges.
Lane asserted that he wished to wear a four-inch beard and a Kufi cap. The Magistrate Judge
issued a Report recommending dismissal of the lawsuit because Lane is subject to the three-strike
bar of 28 U.S.C. §1915(g) and thus cannot proceed in forma pauperis unless he shows he was in
imminent danger of serious physical injury as of the date of the filing of the lawsuit, a showing
which Lane did not make.
Lane received a copy of this Report on March 29, 2019, and filed a motion for extension of
time in which to object. This motion was granted and Lane was given until June 28, 2019, in which
to file his objections. He received a copy of this order on June 6, 2019, but has filed no objections;
accordingly, Lane 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 factual findings and legal conclusions accepted and adopted by the district

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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 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.”). It is accordingly
ORDERED that the Report of the Magistrate Judge (docket no. 17) is ADOPTED as the
opinion of the District Court. It is further
ORDERED that the Plaintiff’s in forma pauperis status is REVOKED and the above-styled
civil action is DISMISSED WITH PREJUDICE as to the refiling of another in forma pauperis
lawsuit raising the same claims as herein presented, but without prejudice to the refiling of this
lawsuit without seeking in forma pauperis status and upon payment of the statutory filing fee. It is
further
ORDERED that should the Plaintiff pay the full filing fee within 15 days after the date of
entry of final judgment in this case, he shall be allowed to proceed in the lawsuit as through the full
fee had been paid from the outset. Because Lane is ineligible to proceed in forma pauperis, the full
filing fee is $400.00. Payment of the full filing fee will not affect a frivolousness analysis or such
other screening as may be appropriate under 28 U.S.C. §1915A. It is further
ORDERED that any and all motions which may be pending in this civil action are hereby
DENIED.

So ORDERED and SIGNED September 25, 2019.

____________________________
Ron Clark, Senior District Judge

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