Roberts v. Ellman et al

Filing 13

ORDER adopting 8 Report and Recommendation of United States Magistrate Judge. The above-styled action is DISMISSED WITHOUT PREJUDICE for failure to prosecute or to obey an order of the Court. Any other pending motions are DENIED as MOOT.. Signed by District Judge Thad Heartfield on 5/23/2019. (bjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
STEPHEN DUANE ROBERTS,
Plaintiff,
v.
EDWARD
ELLMAN,
DALTON
BURLESON, LUKE RACHEL,
Defendants.

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CIVIL ACTION NO. 6:18-CV-00224-TH

ORDER ADOPTING REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
The above entitled and numbered civil action was referred to United States Magistrate
Judge John D. Love pursuant to 28 U.S.C. § 636. On May 29, 2018, the Court ordered Plaintiff
to pay an initial partial filing fee of $26.00 within 30 days of receipt of the Court’s order. (Doc.
No. 4.) Plaintiff failed to comply with this Order. Accordingly, on September 13, 2018, the
Magistrate Judge issued his Report and Recommendation (Doc. No. 8) recommending this action
be dismissed without prejudice for failure to prosecute or to obey an order of the Court. On
October 1, 2018, Plaintiff filed Objections (Doc. No. 10) to the Report and Recommendation
stating he was unaware of the paperwork required in order to withdraw funds from his account,
but has since contacted the law librarian and completed the necessary papers to have funds
withdrawn from his account. Having still not received any payment, on April 1, 2019 the Court
sua sponte granted Plaintiff an extension to pay his initial filing fee until May 1, 2019. (Doc. No.
11.) The Court has still not received any payment.
The Court conducted a de novo review of the portions of the Magistrate Judge’s findings
to which objections have been raised and finds that the Magistrate Judge’s findings and

conclusions are correct. 28 U.S.C. § 636(b)(1). Accordingly, the Court OVERRULES Plaintiff’s
Objections (Doc. No. 10) and ADOPTS the Magistrate Judge’s Report and Recommendation
(Doc. No. 8) as the findings of this Court. The above-styled action is DISMISSED WITHOUT
PREJUDICE for failure to prosecute or to obey an order of the Court. Any other pending
motions are DENIED as MOOT.
SIGNED this the 23 day of May, 2019.

____________________________
Thad Heartfield
United States District Judge