Waddleton v. Jackson et al

Filing 10

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION TO DENY PLAINTIFF'S MOTION TO PROCEED IN FORMA PAUPERIS re: 6 Memorandum and Recommendations, 3 MOTION to Waive Court Filing Fee, 2 MOTION/APPLICATION to Proceed In Forma Pauperis. The plaintif f is instructed to pay the filing fee within twenty (20) days of the date of entry of this order adopting the memorandum and recommendation, or voluntarily dismiss the action. Copy of Order and White Receipt Card mailed to Plaintiff. (Signed by Judge Janis Graham Jack) Parties notified.(bcortez, )

Waddleton v. Jackson et al

Doc. 10

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION
MARVIN WADDLETON, III, Plaintiff, VS. NORRIS JACKSON, et al, Defendants. § § § § § § § §

CIVIL ACTION NO. C-10-267

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION TO DENY PLAINTIFF'S MOTION TO PROCEED IN FORMA PAUPERIS On August 11, 2010, United States Magistrate Judge Brian L. Owsley signed a memorandum and recommendation recommending that plaintiff be found not indigent and his application to proceed in forma pauperis, (D.E. 2), be denied. The memorandum and

recommendation recommended further that plaintiff be instructed to pay the filing fee within twenty (20) days of the date of entry of any order adopting the memorandum and recommendation, or voluntarily dismiss the action; and further, that plaintiff be advised that failure to pay the filing fee within the time period proscribed may result in dismissal of his action for failure to prosecute. The memorandum and recommendation further recommended that plaintiff's motion to waive the court filing fee, (D.E. 3), be denied. On August 27, 2010, plaintiff filed objections to the Magistrate's recommendations. Having reviewed the findings of fact and conclusions of law therein, as well as the pleadings on file and plaintiff's objections, and having made a de novo disposition of those portions of the Magistrate Judge's recommended disposition to which objections were raised, see Koetting v. Thompson, 995 F.2d 37 (5th Cir. 1993), 28 U.S.C. § 636(b)(1)(C);

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Fed.R.Civ.P.72(b), the Court hereby adopts as its own the findings and conclusions of the Magistrate Judge. Accordingly, the Court finds that plaintiff is not indigent and his application to proceed in forma pauperis, (D.E. 2), is denied. Further, plaintiff's motion to waive the court filing fee is denied. The plaintiff is instructed to pay the filing fee within twenty (20) days of the date of entry of this order adopting the memorandum and recommendation, or voluntarily dismiss the action. Plaintiff is advised that failure to pay the filing fee within the time period proscribed may result in dismissal of his action for failure to prosecute. The clerk shall enter this order and provide a copy to all parties. SIGNED and ORDERED this 3rd day of September, 2010.

___________________________________ Janis Graham Jack United States District Judge

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