Green v. StateFarm

Filing 10

Order: After making an independent review of the pleadings, files, and records in this case, and the 6/22/2017 findings, conclusions, and recommendation of the magistrate judge, the court concludes that the findings and conclusions are correct. I t is therefore ordered that the findings, conclusions, and recommendation of the magistrate judge are adopted 8 Findings and Recommendations on Case re: 3 Complaint filed by Marlon Green. (Ordered by Judge Sidney A Fitzwater on 7/20/2017) (ndt)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
MARLON GREEN,
Plaintiff,
vs.
STATE FARM, et al.,
Defendants.

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No. 3:17-CV-1032-D

ORDER
After making an independent review of the pleadings, files, and records in this case, and the
June 22, 2017 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.
In her findings, conclusions, and recommendation, the magistrate judge recommended that
plaintiff’s case be dismissed without prejudice under Fed. R. Civ. P. 41(b) for failure to prosecute
or follow orders of the court unless he filed an amended complaint and either paid the filing fee or
filed an in forma pauperis application within the time for objecting to the recommendation, or by
some other deadline set by the court. On July 3, 2017 plaintiff made a multi-page filing that appears
to contain items such as evidence in support of his claim, documents related to Louisiana litigation
with State Farm, documents related to the adjustment of his claim, and various complaints with
Louisiana agencies. But nothing in this submission constitutes an amended complaint, nor has
plaintiff yet paid the filing fee or filed an in forma pauperis application.

Accordingly, the court dismisses this lawsuit without prejudice by judgment filed today for
failure to prosecute or follow orders of the court.
SO ORDERED.
July 20, 2017.

_________________________________
SIDNEY A. FITZWATER
UNITED STATES DISTRICT JUDGE

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