Opinion
CIVIL ACTION NO. 1:13-CV-733
06-12-2014
BARRY DWAYNE MINNFEE, Plaintiff, v. KURT SISTRUNK, Defendant.
MEMORANDUM ORDER OVERRULING PLAINTIFF'S OBJECTIONS AND
ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Plaintiff Barry Dwayne Minnfee, an inmate confined within the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this civil rights lawsuit pursuant to 42 U.S.C. § 1983.
The court previously 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 concerning this matter. The magistrate judge recommends this lawsuit be dismissed without prejudice pursuant to 28 U.S.C. § 1915(g).
The court has received the Report and Recommendation of United States Magistrate Judge, along with the record, pleadings, and all available evidence. Plaintiff filed objections to the 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). As plaintiff's allegations do not demonstrate he is in imminent danger of serious physical injury, and as plaintiff previously had four lawsuits dismissed as frivolous or for failure to state a claim, the magistrate judge correctly concluded plaintiff may not proceed with this lawsuit on an in forma pauperis basis.
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. A final judgment will be entered in this case in accordance with the magistrate judge's recommendation.
SIGNED at Beaumont, Texas, this 12th day of June, 2014.
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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE