Opinion
Civil Action 9:23-CV-75
06-30-2023
DAVID KING, JR., Plaintiff, v. TEXAS DEP'T CRIM. JUST., et al., Defendants.
ORDER OVERRULING PLAINTIFF'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
MARCIA A. CRONE, UNITED STATES DISTRICT JUDGE
Plaintiff David King, Jr., a prisoner confined at the Wainwright Unit of the Texas Department of Criminal Justice, Correctional Institutions Division (TDCJ-CID), proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff requested leave to proceed in forma pauperis.
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 has submitted a Report and Recommendation of United States Magistrate Judge. The magistrate judge recommends denying Plaintiff's motion for leave to proceed in forma pauperis.
The court has received and considered the Report and Recommendation of United States Magistrate Judge, along with the record, pleadings, and all available evidence. Plaintiff filed objections to the magistrate judge's Report and Recommendation.
The court has conducted a de novo review of the objections in relation to the pleadings and the applicable law. See FED. R. CIV. P. 72(b). The magistrate judge's recommendation was based on Plaintiff's statement, made under penalty of perjury, that he owns a United States bond valued at approximately $100,000,000.00. In his objections, Plaintiff requests the Court to make arrangements for payment of the filing fee with the Secretary of Treasury. Plaintiff is responsible for making arrangements for paying the filing fee, not the Court. Therefore, after careful consideration of all the pleadings and the relevant case law, the Court concludes that Plaintiff's objections lack merit.
ORDER
Accordingly, Plaintiff's objections (#8) are OVERRULED. The findings of fact and conclusions of law of the magistrate judge are correct, and the report of the magistrate judge (#5) is ADOPTED. Plaintiff's motion for leave to proceed in forma pauperis (#2) is DENIED. Plaintiff shall pay the $402.00 filing fee within thirty days of this order. Plaintiff's failure to pay the filing fee may result in this action being dismissed for want of prosecution pursuant to Federal Rule of Civil Procedure 41(b).