Robinson v. Valdez et al

Filing 11

Order Accepting 8 Findings, Conclusions, and Recommendation of the United States Magistrate Judge. Accordingly, this action is dismissed without prejudice for failure to pay the requisite filing fee, and Plaintiff is barred from proceeding in forma pauperis while he is incarcerated or detained in any facility unless he is under imminent danger of serious physical injury. (Ordered by Judge Sam A Lindsay on 10/29/2014) (tln)

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IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION § § § § § § § § LARRY L. ROBINSON, #14000830, Plaintiff, v. SHERIFF LUPE VALDEZ, et al., Defendants. Civil Action No. 3:14-CV-2611-L ORDER The case was referred to Magistrate Judge Renee Harris Toliver, who entered Findings, Conclusions and Recommendation of the United States Magistrate Judge (“Report”) on September 16, 2014. Because Plaintiff has accumulated at least three strikes under 28 U.S.C. § 1915(g) and has not alleged that he is in imminent danger of physical injury, the Report recommends that the court dismiss this action with prejudice to the refiling of an in forma pauperis lawsuit but without prejudice to the refiling of a lawsuit with full payment of the $400 filing fee. Plaintiff filed objections to the Report on October 8, 2014. Having reviewed the pleadings, file, record in this case, objections, and Report, the court determines that the findings and conclusions are correct, accepts them as those of the court, and overrules Plaintiff’s objections. Accordingly, this action is dismissed without prejudice for failure to pay the requisite filing fee, and Plaintiff is barred from proceeding in forma pauperis while he is incarcerated or detained in any facility unless he is under imminent danger of serious physical injury. See 28 U.S.C. § 1915(g). Order – Page 1 It is so ordered this 29th day of October, 2014. _________________________________ Sam A. Lindsay United States District Judge Order – Page 2

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