Miller v. Holman, No. 6:2014cv00517 - Document 7 (E.D. Tex. 2014)

Court Description: ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Report and Recommendation 3 is ADOPTED. The complaint is DISMISSED with prejudice for purposes of in formapauperis proceedings. The motion to proceed IFP 2 is DENIED. The Plaintiff may resume the lawsuit if he pays the entire filing fee of $400 within 30 days from the entry of the Final Judgment. All motions not previously ruled on are DENIED. Signed by Judge Michael H. Schneider on 06/19/14. (mll, )

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Miller v. Holman Doc. 7 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION MORRIS D. MILLER, #873324 § VS. § CHRISTOPHER HOLMAN § CIVIL ACTION NO. 6:14cv517 ORDER OF DISMISSAL Plaintiff Morris D. Miller, an inmate confined in 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 John D. Love, who issued a Report and Recommendation concluding that the civil rights lawsuit should be dismissed with prejudice for purposes of in forma pauperis proceedings pursuant to the “three strikes” provisions of 28 U.S.C. § 1915(g). The Plaintiff 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 Plaintiff, the Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct, and the objections by Plaintiff are without merit. The Court specifically notes that the Plaintiff has accumulated at least three strikes and the facts as alleged do not satisfy the exception to § 1915(g). Therefore the Court hereby adopts the findings and conclusions of the Magistrate Judge as the findings and conclusions of the Court. It is accordingly 1 Dockets.Justia.com ORDERED that the Report and Recommendation (docket entry #3) is ADOPTED. It is further ORDERED that the 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 the motion to proceed in forma pauperis (docket entry #2) is DENIED. The Plaintiff may resume the lawsuit if he pays the entire filing fee of $400 within thirty days from the entry of the Final Judgment. It is finally ORDERED that all motions not previously ruled on are DENIED. It is SO ORDERED. SIGNED this 19th day of June, 2014. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE 2

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