Opinion
Case No. 6:20-cv-656-JDK-JDL
02-10-2021
JULIO PEREZ, JR., #852734, Plaintiff, v. TDCJ MICHAEL UNIT, et al., Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Plaintiff Julio Perez, Jr., a prisoner within the Texas Department of Criminal Justice, proceeding pro se, filed this civil rights lawsuit pursuant to 42 U.S.C. § 1983. This case was referred to United States Magistrate Judge John Love, for findings of fact, conclusions of law, and recommendations for disposition.
On December 29, 2020, Judge Love issued a Report and Recommendation in this case. Docket No. 5. In that Report, Judge Love found that Plaintiff accumulated at least three strikes prior to filing this lawsuit pursuant to 28 U.S.C. § 1915(g). Accordingly, the Report recommended that Plaintiff's motion to proceed in forma pauperis be denied and that the case be dismissed with prejudice for the purpose of proceeding in forma pauperis. Judge Love further recommended that the case should proceed if Plaintiff paid the full filing fee within fifteen days of the dismissal order. Plaintiff filed objections on February 1, 2021. Docket No. 10.
Where a party timely objects to the Report and Recommendation, this Court reviews the objected-to findings and conclusions of the Magistrate Judge de novo. 28 U.S.C. § 636(b)(1). In conducting a de novo review, the Court examines the entire record and makes an independent assessment under the law. Douglass v. United Servs. Auto. Ass'n, 79 F.3d 1415, 1430 5th Cir. 1996) (en banc), superseded on other grounds by statute, 28 U.S.C. § 636(b)(1) (extending the time to file objections from ten to fourteen days).
Having conducted a de novo review of Plaintiff's objections, the Magistrate Judge's Report, and the record in this case, the Court has determined that the Report of the Magistrate Judge is correct, and Plaintiff's objections are without merit. Accordingly, the Court hereby ADOPTS the Report of the Magistrate Judge (Docket No. 5) as the opinion of the District Court. The Court DENIES Plaintiff's motion to proceed in forma pauperis, and DISMISSES Plaintiff's claims with prejudice for purposes of proceeding in forma pauperis under 28 U.S.C. § 1915(g), but without prejudice as to the refiling of his lawsuit without seeking in forma pauperis status. Finally, if Plaintiff pays the requisite $400 filing fee within fifteen days of this Order, the lawsuit shall proceed as though the full filing fee had been paid from the outset.
So ORDERED and SIGNED this 10th day of February, 2021.
/s/_________
JEREMY D. KERNODLE
UNITED STATES DISTRICT JUDGE