Sheppard v. Lucas et al

Filing 15

ORDER ACCEPTING REPORT AND RECOMMENDATIONS for 8 Report and Recommendations. The present civil-rights lawsuit is dismissed with prejudice for the purposes of proceeding in forma pauperis. Signed by District Judge J. Campbell Barker on 11/9/2021. (ndc)

No. 6:21-cv-00380
Curtis Lee Sheppard,
Plaintiff,
v.
Major Lucas et al.,
Defendants.
ORDER
Plaintiff Curtis Lee Sheppard, an inmate proceeding pro se,
filed this lawsuit against, among others, defendant Major Lucas
pursuant to 42 U.S.C. § 1983. This case was referred to United
States Magistrate Judge K. Nicole Mitchell. The magistrate judge
issued a report recommending that plaintiff’s civil-rights lawsuit
be dismissed with prejudice for the purposes of proceeding in
forma pauperis. Doc. 8. Plaintiff filed timely objections. Docs. 12,
13.
When timely objections to a magistrate judge’s report and
recommendation are filed, the court reviews them de novo. See
Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1420 (5th Cir.
1996).
Here, plaintiff’s objections do not address the substance of
the magistrate judge’s report: plaintiff’s accumulation of three
strikes under the Prison Litigation Reform Act and sanctions
imposed by the Fifth Circuit Court of Appeals and the Northern
District of Texas for the repeated filing of frivolous cases. Instead,
plaintiff levies ad hominen attacks upon the magistrate judge and
the federal court system in general. These ad hominen attacks
neither require nor deserve a response and do not demonstrate
any valid basis for setting aside the report.
Having reviewed the magistrate judge’s reports de novo, the
court accepts the findings and recommendations. Plaintiff’s
objections are overruled. The present civil-rights lawsuit is

dismissed with prejudice for the purposes of proceeding in forma
pauperis. All motions pending in this civil action are denied.
So ordered by the court on November 9, 2021.

J. C A M P BE L L B AR KE R
United States District Judge

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