Price v. Davis

Full title: ERIC RAY PRICE, #1848099, Plaintiff, v. LORIE DAVIS, et al., Defendants.

Court: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION

Date published: May 6, 2020

Case No. 6:20-CV-179-JDK-JDL (E.D. Tex. May. 6, 2020)

Opinion

Case No. 6:20-CV-179-JDK-JDL

05-06-2020

ERIC RAY PRICE, #1848099, Plaintiff, v. LORIE DAVIS, et al., Defendants.

JEREMY D. KERNODLE UNITED STATES DISTRICT JUDGE

ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

This action was referred to United States Magistrate Judge John D. Love pursuant to 28 U.S.C. § 636. Docket No. 2. The Report and Recommendation of the Magistrate Judge (Docket No. 3, the "Report") recommends that Plaintiff's civil rights lawsuit be dismissed with prejudice for the purposes of proceeding in forma pauperis pursuant to 28 U.S.C. §1915(g). Plaintiff filed written objections. Docket No. 5.

The Court reviews objected-to portions of the Magistrate Judge's Report and Recommendation de novo. See FED. R. CIV. P. 72 and 28 U.S.C. § 636(b)(1) ("A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings and recommendations to which objection is made."). The Court conducting a de novo review 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 Ass'n, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc), superseded on other grounds by statute, 28 U.S.C. § 636(b)(1) (extending the time to file objections from ten to fourteen days).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 reviewed Plaintiff's objections de novo, the Court concludes that the objections are without merit and that the findings and conclusions of the Magistrate Judge are correct. Accordingly, it is ORDERED that Plaintiff's objections are OVERRULED and that the Magistrate Judge's Report (Docket No. 3) is ADOPTED as the opinion of this Court. Furthermore, it is

ORDERED that, to the extent Plaintiff's seeks to proceed in forma pauperis, such request is DENIED. It is also

ORDERED that Plaintiff's civil rights lawsuit is DISMISSED WITH PREJUDICE for purposes of proceeding in forma pauperis pursuant to 28 U.S.C. § 1915(g) as to refiling of another in forma pauperis lawsuit raising these claims—but without prejudice as to the refiling of his lawsuit without seeking in forma pauperis status. Finally, it is

ORDERED that any and all motions which may be pending in this civil action are hereby DENIED.

So ORDERED and SIGNED this 6th day of May, 2020.

/s/_________

JEREMY D. KERNODLE

UNITED STATES DISTRICT JUDGE