Lewis v. Seagoville FCI Administrator

Filing 16

ORDER ACCEPTING 15 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: For the reasons stated in the findings, conclusions, and recommendation of the United States Magistrate Judge, by separate judgment, the complaint will be DISMISSED with prejudice as frivolous under 28 U.S.C. §§ 1915(e)(2)(B) and § 1915A(b). (Ordered by Senior Judge A. Joe Fish on 2/13/2015) (bdb)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

CHARLES LEWIS, JR.,
Plaintiff,
VS.
R. BURNES, Jail Administrator, FCISeagoville,
Defendant.

)
)
)
)
)
)
)
)
)
)

CIVIL ACTION NO.
3:14-CV-3455-G (BH)

ORDER ACCEPTING FINDINGS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE

After reviewing all relevant matters of record in this case, including the
findings, conclusions, and recommendation of the United States Magistrate Judge
and any objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the
undersigned district judge is of the opinion that the findings and conclusions of the
magistrate judge are correct and they are accepted as the findings and conclusions of
the court.
The plaintiff, Charles Lewis, Jr. (“Lewis”), submitted a document the court
construes as objections to the magistrate judge’s recommendation. The clerk did not

enter the document on the case docket because Lewis failed to sign the document.
FED. R. CIV. P. 11(a) (“Every pleading, written motion, and other paper must be
signed by at least one attorney of record in the attorney’s name -- or by a party
personally if the party is unrepresented. . . . The court must strike an unsigned paper
unless the omission is promptly corrected after being called to the attorney’s or
party’s contention.”). Finding the contentions in the document frivolous, the court
will not provide Lewis an opportunity to correct this omission.
For the reasons stated in the findings, conclusions, and recommendation of the
United States Magistrate Judge, by separate judgment, the complaint will be
DISMISSED with prejudice as frivolous under 28 U.S.C. §§ 1915(e)(2)(B) and
§ 1915A(b).
If the plaintiff files a notice of appeal, he must pay the $505.00 appellate filing
fee or submit a motion to proceed in forma pauperis and a properly signed certificate of
inmate trust account.
SO ORDERED.

February 13, 2015.

___________________________________
A. JOE FISH
Senior United States District Judge

-2-