Opinion
Civil Action 1:22-CV-281
02-13-2023
SCOTT T. BEHLING, Plaintiff, v. THREE WARDEN STAFF, Defendants.
MEMORANDUM ORDER OVERRULING PLAINTIFF'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
MARCIA A. CRONE, UNITED STATES DISTRICT JUDGE
Plaintiff Scott T. Behling, an inmate confined at the Stiles Unit in Beaumont, Texas, proceeding pro se, brought this lawsuit pursuant to 42 U.S.C. § 1983.
The court referred this matter to the Honorable Zack Hawthorn, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The magistrate judge recommends denying plaintiff's application to proceed in forma pauperis.
The court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such referral, along with the record, pleadings and all available evidence. Plaintiff filed objections to the magistrate judge's Report and Recommendation. This requires a de novo review of the objections in relation to the pleadings and the applicable law. See FED. R. CIV. P. 72(b).
After careful consideration, the court concludes plaintiff's objections are without merit. A review of plaintiff's financial statement reveals he has a balance of $11,146.49 in his prisoner account. Therefore, as the magistrate judge determined, plaintiff has sufficient funds to pay the $402.00 filing fee in this action. Plaintiff's objections of interference are speculative and fail to set forth a valid reason for not paying the filing fee in this action.
ORDER
Accordingly, plaintiff's objections are OVERRULED. The findings of fact and conclusions of law of the magistrate judge are correct, and the report of the magistrate judge is ADOPTED. It is
ORDERED that plaintiff's application to proceed in forma pauperis is DENIED. Plaintiff shall pay the filing fee of $402.00 within thirty (30) days from the date of this order. Plaintiff's failure to comply with this order may result in the dismissal of this lawsuit pursuant to Federal Rule of Civil Procedure 41(b).