Summary
In Drake v. Safeway, Inc., 2020 WL 1848080 (N.D. Tex. Apr. 13, 2020), a Texas district court applied what appears to be the standard ruling issued against Drake in Texas federal court, namely 1) denying him leave to proceed in forma pauperis and 2) dismissing his complaint without prejudice to refiling, but only after he obtains leave from a district judge to do so.
Summary of this case from Drake v. Mercedes Benz U.S., LLCOpinion
No. 3:20-CV-0344-N-BH
04-13-2020
ERIC DRAKE, Plaintiff, v. SAFEWAY, INC., et al., Defendants.
ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
After reviewing all relevant matters of record in this case, including the Findings, Conclusions, and Recommendations of the United States Magistrate Judge and any objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the undersigned District Judge is of the opinion that the Findings and Conclusions of the Magistrate Judge are correct and they are accepted as the Findings and Conclusions of the Court.
For the reasons stated in the Findings, Conclusions, and Recommendation of the United States Magistrate Judge, by separate judgment, this action will be summarily dismissed based on the prior sanction orders in In re Eric Drake, No. 4:17-MC-ALM-CAN, 2018 WL 912894, at *1 n.2 (E.D. Tex. Jan. 10, 2018), rec. adopted, 2018 WL 905560 (E.D. Tex. Feb. 15, 2018), and Eric Drake v. Travelers Indem. Co. Consumer Cty. Mut. Ins. Co., No. 2:11-cv-00318-MHS-CMC, Dkt. No. 11 at 6 (E.D. Tex. Mar. 16, 2012).
SIGNED this 13th day of April, 2020.
/s/ _________
UNITED STATES DISTRICT JUDGE