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Pate v. Grounds

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION
Apr 30, 2013
CIVIL ACTION NO. 5:13cv11 (E.D. Tex. Apr. 30, 2013)

Opinion

CIVIL ACTION NO. 5:13cv11

04-30-2013

CHEYENNE PATE, #773478 v. DAWN E. GROUNDS, ET AL.


ORDER OF DISMISSAL

Plaintiff Cheyenne Pate, an inmate confined at the Telford Unit of the Texas prison system, proceeding pro se, filed the above-styled and numbered civil lawsuit. The complaint was referred to United States Magistrate Judge Caroline M. Craven, who issued a Report and Recommendation finding that the lawsuit should be dismissed because Pate failed to comply with an order to either pay the filing fee of $350 or submit an application to proceed in forma pauperis. Pate filed objections, which included claims that prison officials have tampered with his incoming and outgoing mail. He was thus given more time to comply with the order to either pay the filing fee of $350 or submit an application to proceed in forma pauperis. The Court received an acknowledgment from him indicating that he received the order giving him more time on April 11, 2013. As of today, however, he still has not complied with the order nor otherwise been in contact with the Court.

The Report of the Magistrate Judge, which contains her 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 Pate to the Report, the Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct, and the objections raised by Pate are without 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 #4) is ADOPTED. It is further

ORDERED that the civil rights complaint is DISMISSED without prejudice for failure to obey an order and want of prosecution. Fed. R. Civ. P. 41(b). It is further

ORDERED that all motions not previously ruled on are DENIED.

It is SO ORDERED.

______________

MICHAEL H. SCHNEIDER

UNITED STATES DISTRICT JUDGE


Summaries of

Pate v. Grounds

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION
Apr 30, 2013
CIVIL ACTION NO. 5:13cv11 (E.D. Tex. Apr. 30, 2013)
Case details for

Pate v. Grounds

Case Details

Full title:CHEYENNE PATE, #773478 v. DAWN E. GROUNDS, ET AL.

Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION

Date published: Apr 30, 2013

Citations

CIVIL ACTION NO. 5:13cv11 (E.D. Tex. Apr. 30, 2013)