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)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
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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