-JKG Parker v. Furr et al, No. 9:2010cv00152 - Document 14 (E.D. Tex. 2011)

Court Description: MEMORANDUM Adopting 9 Report and Recommendation of the US Magistrate Judge and Entering Final Judgment. This civil action is DISMISSED with prejudice as to the refiling of another in forma pauperis lawsuit raising the same claims, but without prejudice as to the refiling of this lawsuit upon payment of the full filing fee. The pltf's in forma paupeeris status is REVOKED. All motions pending in this civil action are DENIED. Signed by Judge Ron Clark on 1/31/11. (leh, )

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-JKG Parker v. Furr et al Doc. 14 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION JOE PARKER #1257337 § v. § COREY FURR, ET AL. § CIVIL ACTION NO. 9:10cv152 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT The Plaintiff Joe Parker, an inmate of the Texas Department of Criminal Justice, Correctional Institutions Division proceeding pro se, filed this civil rights lawsuit under 42 U.S.C. §1983 complaining of alleged violations of his constitutional rights. This Court ordered that the matter be referred to the United States Magistrate Judge pursuant to 28 U.S.C. §636(b)(1) and (3) and the Amended Order for the Adoption of Local Rules for the Assignment of Duties to United States Magistrate Judges. Parker challenges a disciplinary case which he received for tampering with a locking mechanism. After review of the pleadings, the Magistrate Judge issued a Report recommending that the lawsuit be dismissed. The Magistrate Judge observed that Parker had previously filed at least three lawsuits or appeals which had been dismissed as frivolous or for failure to state a claim upon which relief could be granted, and so he was barred by 28 U.S.C. §1915(g) from proceeding under the in forma pauperis statute. The Magistrate Judge therefore recommended that Parker’s in forma pauperis status be revoked and that Parker’s lawsuit be dismissed with prejudice to the refiling of another in forma pauperis lawsuit raising these same claims, but without prejudice as to the refiling of the lawsuit without seeking in forma pauperis and upon payment of the full filing fee. 1 Dockets.Justia.com Parker received a copy of the Magistrate Judge’s Report on November 26, 2010, but no objections thereto; accordingly, he is barred from de novo review by the district judge of those findings, conclusions, and recommendations and, except upon grounds of plain error, from appellate review of the unobjected-to proposed factual findings and legal conclusions accepted and adopted by the district court. Douglass v. United Services Automobile Association, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc). The Court has reviewed the pleadings in the cause and the Report of the Magistrate Judge. Upon such review, the Court has concluded that the Report of the Magistrate Judge is correct. It is accordingly ORDERED that the Report of the Magistrate Judge is ADOPTED as the opinion of the District Court. It is further ORDERED that the above-styled civil action be and hereby is DISMISSED with prejudice as to the refiling of another in forma pauperis lawsuit raising the same claims as herein presented, but without prejudice to the refiling of this lawsuit without seeking in forma pauperis status and upon payment of the full $350.00 filing fee. Should the Plaintiff pay the full filing fee within 15 days after the date of entry of final judgment in this case, he shall be allowed to proceed as though the full filing fee had been paid from the outset. It is further ORDERED that the Plaintiff’s in forma pauperis status is hereby REVOKED. Finally, it is hereby ORDERED that any and all motions which may be pending in this civil action are hereby DENIED. So ORDERED and SIGNED this 31 day of January, 2011. ___________________________________ Ron Clark, United States District Judge 2

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