Opinion
CIVIL ACTION NO. 1:17-CV-317
03-14-2018
DARRELL PARKS, Plaintiff, v. FCC MAILROOM STAFF, Defendants.
MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Plaintiff Darrell Parks, an inmate formerly confined at the Federal Correctional Complex in Beaumont, Texas, proceeding pro se, brought the above-styled lawsuit against the FCC Mailroom Staff.
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 this action be dismissed without prejudice for want of prosecution.
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. No objections to the Report and Recommendation of United States Magistrate Judge were filed by the parties.
Plaintiff may request the above-styled action be reinstated on the Court's active docket by filing a motion to reinstate the action within forty-five days from the date of this order and submitting a proper application to proceed in forma pauperis in compliance with the Court's order of November 2, 2017.
It is noted plaintiff has filed a motion for injunctive relief complaining he does not have access to his legal materials. However, such materials are not necessary to comply with the Court's order to submit a proper application to proceed in forma pauperis. --------
ORDER
Accordingly, 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 14th day of March, 2018.
/s/_________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE