Stewart v. Unknown Ellis County Sheriff's Deputies et al

Filing 6

ORDER Accepting 4 Findings and Recommendations on Case. The court, therefore, overrules Petitioner's objections to the Report. As Plaintiff has had over thirty days to pay his filing fee, the court exercises its discretion and will not establish a later deadline for payment. Accordingly, the court dismisses this action without prejudice pursuant to 28 U.S.C. § 1915(g). (Ordered by Judge Sam A Lindsay on 4/25/2016) (ran)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
THOMAS STEWART,
TDCJ #571499,
Plaintiff,
v.
UNKNOWN ELLIS COUNTY
SHERIFF’S DEPUTIES, et al.,
Defendants.

§
§
§
§
§
§
§
§
§
§
§

Civil Action No. 3:16-CV-712-L

ORDER
Before the court is Plaintiff Thomas Stewart’s (“Plaintiff”) pro se Complaint filed March
14, 2016. The case was referred to Magistrate Judge David L. Horan for screening, who entered
the Findings, Conclusions and Recommendation of the United States Magistrate Judge (“Report”)
on March 17, 2016, recommending that the court summarily dismiss this action without prejudice
pursuant to 28 U.S.C. § 1915(g) unless Plaintiff pays the full filing fee of $400 within the time for
filing objections to the report, or some other deadline established by the court.
Plaintiff timely filed objections to the Report on March 29, 2016, but did not pay the filing
fee. In a postscript to his objections, Plaintiff contends that he cannot submit the paperwork to file
for leave to proceed in forma pauperis. Plaintiff, however, is barred from proceeding in forma
pauperis unless he shows that he is subject to imminent danger of serious physical injury pursuant
to 28 U.S.C. § 1915(g). Plaintiff’s objections fail to show that he is under such a threat.
Having reviewed the file and record in this case and having made a de novo review of those
portions of the Report to which Petitioner objected, the court determines that the findings and
conclusions of the magistrate judge are correct and accepts them as those of the court. The court,
Order – Page 1

therefore, overrules Petitioner’s objections to the Report. As Plaintiff has had over thirty days to
pay his filing fee, the court exercises its discretion and will not establish a later deadline for
payment. Accordingly, the court dismisses this action without prejudice pursuant to 28 U.S.C.
§ 1915(g).
It is so ordered this 25th day of April, 2016.

_________________________________
Sam A. Lindsay
United States District Judge

Order – Page 2