Curtis v. Morgan et al

Filing 15

ORDER:The Court accepts and adpts the findings, conclusions and recommendation of the Magistrate Judge re: 12 Findings and Recommendations on re: 1 Complaint filed by Jerry Curtis. Plaintiff's complaint and all claims alleged therein are dismissed without prejudice for failure to prosecute pursuant to Federal Rule of Civil Procedure 41 (b). All pending motions are denied. (Ordered by Senior Judge Sam R Cummings on 2/7/2018) (bmg)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
LUBBOCK DIVISION
JERRY CURTIS,
Institutional ID No. 8630,
Plaintiff,
V.

TERRY MORGAN, et al.,

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CIVIL ACTION NO.
5:17-CV-287-C

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Defendants.

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ORDER

Plaintiff, proceedingpro se and informapauperis, filed a civil rights complaint on
December 11, 2017. By Order dated December 20, 2017, this case was transferred to the docket of
the United States Magistrate Judge for screening pursuant to 28 U.S.C. §§ 1915 and 1915A. The
United States Magistrate Judge entered a Report and Recommendation on January 23 , 2018,
recommending that the instant complaint be dismissed without prejudice for failure to prosecute.
No objections have been filed, and the Report and Recommendation that was mailed to Plaintiff at
the last address provided was returned as undeliverable on February 5, 2018.
The Court accepts and adopts the findings, conclusions, and recommendation of the
Magistrate Judge.
It is, therefore, ORDERED:

( 1)

Plaintiff's complaint and all claims alleged therein are dismissed without prejudice

for failure to prosecute pursuant to Federal Rule of Civil Procedure 41 (b).
(2)

Any pending motions are denied.

Plaintiff is admonished that if here-files his civil rights complaint, he must either pay the full
filing fee of $400.00 or file an application to proceed in forma pauperis and a certificate of his
inmate trust account.
Judgment shall be entered accordingly.
Dated

February ~' 2018.

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