Cornett v. Saul et al, No. 2:2024cv00011 - Document 8 (N.D. Tex. 2024)

Court Description: ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION re: 6 Findings and Recommendations on Case re: 3 Complaint, filed by Jeremy Russell Cornett. It is therefore ORDERED that the FCR be ADOPTED and the case DISMISSED without prejudice. (Ordered by Judge Matthew J. Kacsmaryk on 4/3/2024) (cmk)

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Cornett v. Saul et al Doc. 8 N THE LINITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS AMARILLO DIVISION JEREMY RUSSELL CORNETT, Plaintiff , 2:24-CV-11-Z-BR V ROLAND SAUL, €t al., Defendants. ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION Before the Court are the findings, conclusions, and recommendation of the United States Magistrate Judge ("FCR") (ECF No. 6), filed March 4, 2024, to dismiss Plaintiff s Complaint pursuant to 42 U.S.C. Section 19S3 (ECF No. 1). The FCR recommended dismissal for failure to comply with the Court's January 17,2024 Notice of Deficiency ("Notice") (ECF No. 5). ECF No. 6 at2. That Notice required Plaintiff to: (l ) either submit data sheet or pay the $402 filing fee1' a properly completed In Forma Pauperis (2) amend his Complaint by using the Court-provided form for Section 1983 claims; and (3) provide copies of his grievance forms related to his Complaint. ECF No. 5 at 24. And it was clear that "[a]ny failure by Plaintiff to cure the deficiency or deficiencies noted above will result in the dismissal of Plaintiff s complaint without further notice." Id. at 5. But Plaintiffcured only one of these deficiencies over a month past the Court's February 17,2024 deadline. See ECF Nos. 6 at I (requiring cured deficiencies by February 17, 2024);7 (amending complaint on March 18,2024). Dockets.Justia.com Based on the foregoing, and because Plaintiff did not otherwise file objections to the FCR, the Court concludes that the findings, conclusions, and recommendation of the Magistrate Judge are correct. It is therefore ORDERED that the FCR be ADOPTED and the case DISMISSED without prejudice. SO ORDERED. April J .2024. KACSMARYK LTNITED STATES DISTRICT JUDGE J. 2

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