Rutledge v. Van Zandt County

Filing 7

ORDER: The court adopts the magistrate judge's 4 findings, conclusions, and recommendation and dismisses this action without prejudice under Fed. R. Civ. P. 41(b) by judgment filed today. (Ordered by Judge Sidney A Fitzwater on 5/24/2016) (trk)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
HANNAH RUTLEDGE,
Plaintiff,
vs.
VAN ZANDT COUNTY,
Defendant.

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No. 3:16-CV-0813-D

ORDER
After making an independent review of the pleadings, files, and records in this case, and the
findings, conclusions, and recommendation of the magistrate judge, the court concludes that the
findings and conclusions are correct. It is therefore ordered that the findings, conclusions, and
recommendation of the magistrate judge are adopted.
After the magistrate judge filed her April 18, 2016 findings, conclusions, and
recommendation, plaintiff filed an amended complaint. Although it is evident that plaintiff is
attempting to comply with the magistrate judge’s decision by filing the amended complaint, plaintiff
has still not paid the filing fee or moved for leave to proceed in forma pauperis. Accordingly,
because dismissing this case without prejudice will not in effect be a dismissal with prejudice due
to the running of limitations, the court adopts the magistrate judge’s findings, conclusions, and
recommendation and dismisses this action without prejudice under Fed. R. Civ. P. 41(b) by
judgment filed today.
SO ORDERED.
May 24, 2016.
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SIDNEY A. FITZWATER
UNITED STATES DISTRICT JUDGE