Minnfee v. Gonzales Ramos et al

Filing 8

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 6 Memorandum and Recommendations, denying 2 MOTION/APPLICATION to Proceed In Forma Pauperis. (Signed by Judge Hilda G Tagle) Parties notified.(lcayce, 2)

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United States District Court Southern District of Texas ENTERED IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION BARRY DWAYNE MINNFEE, Plaintiff, VS. NELVA GONZALES RAMOS, et al, Defendants. § § § § § § § § December 16, 2016 David J. Bradley, Clerk CIVIL NO. 2:16-CV-324 ORDER Petitioner Barry Dwane Minnfee is an inmate in the Texas Department of Criminal Justice – Correctional Institutions Division (TDCJ-CID), and is currently incarcerated at the Allred Unit in Iowa Park, Texas. He filed a civil rights action under 42 U.S.C. § 1983 on August 2, 2016, Dkt. No. 1, and an application to proceed in forma pauperis on August 2, 2016, Dkt. No. 2. The Court has before it these pleadings and the Memorandum and Recommendations of the magistrate judge to whom this case was referred pursuant to 28 U.S.C. § 636(b), Dkt. No. 6 (“M&R”). The deadline to file objections to the magistrate judge’s proposed findings and recommendations has passed, and the docket sheet shows that no objections have been filed. See 28 U.S.C. § 636(b)(1) (setting 14-day deadline to file objections); Fed. R. Civ. P. 72(b)(2) (same); see also M&R at 7 (advising parties of 14-day deadline). After independently reviewing the record and considering the applicable law, the Court adopts the magistrate judge’s proposed findings and recommendations; DENIES Petitioner’s application for leave to proceed in forma pauperis, Dkt. No. 2; and DISMISSES without prejudice Petitioner’s lawsuit, Dkt. No. 1. The Clerk shall close this case after entering the accompanying judgment. It is so ORDERED. SIGNED this 16th day of December, 2016. ___________________________________ Hilda Tagle Senior United States District Judge

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