Calton v. Wright et al, No. 6:2014cv00407 - Document 10 (E.D. Tex. 2014)

Court Description: ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Report and Recommendation 6 is ADOPTED. The civil rights complaint is DISMISSED with prejudice for purposes of in forma pauperis proceedings. Calton's motion to proceed in forma pauperis 3 is DENIED. Calton may resume the lawsuit if he pays the entire filing fee of $400 within 30 days after the entry of the final judgment. All motions not previously ruled on are hereby DENIED. Signed by Judge Michael H. Schneider on 06/03/14. (mll, )
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Calton v. Wright et al Doc. 10 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION ALLEN F. CALTON, #1123880 § VS. § DR. GARY WRIGHT, ET AL. § CIVIL ACTION NO. 6:14cv407 ORDER OF DISMISSAL Plaintiff Allen F. Calton, an inmate confined at the Michael Unit of the Texas prison system, proceeding pro se and seeking to proceed in forma pauperis, filed the above-styled and numbered civil rights lawsuit pursuant to 42 U.S.C. § 1983. The complaint was directly assigned to United States Magistrate Judge K. Nicole Mitchell, who issued a Report and Recommendation concluding that the lawsuit should be dismissed with prejudice for purposes of in forma pauperis proceedings pursuant to 28 U.S.C. § 1915(g). Calton has filed objections. The Report of the Magistrate Judge, which contains proposed findings of fact and recommendations for the disposition of such action, has been presented for consideration, and having made a de novo review of the objections raised by Calton, the Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct, and the objections raised by Calton are without merit. It is specifically noted that Calton has a history of abuse of court. He has accumulated more than “three strikes” for purposes of § 1915(g). The facts as alleged in the present lawsuit do not give rise to an inference that he was under imminent danger of serious physical injury at the time he filed the lawsuit and his application to proceed in forma pauperis; thus, the lawsuit should be dismissed with prejudice for purposes of in forma pauperis proceedings. Calton’s objections and arguments to 1 Dockets.Justia.com the contrary lack merit. Therefore the Court hereby adopts the findings and conclusions of the Magistrate Judge as the findings and conclusions of the Court. It is accordingly ORDERED that the Report and Recommendation (docket entry #6) is ADOPTED. It is further ORDERED that the civil rights complaint is DISMISSED with prejudice for purposes of in forma pauperis proceedings pursuant to 28 U.S.C. § 1915(g). It is further . ORDERED that Calton’s motion to proceed in forma pauperis (docket entry #3) is DENIED. It is further ORDERED that Calton may resume the lawsuit if he pays the entire filing fee of $400 within thirty days after the entry of the final judgment. It is finally ORDERED that all motions not previously ruled on are hereby DENIED. It is SO ORDERED. SIGNED this 3rd day of June, 2014. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE 2