Whitaker v. Abilene Police Department et al, No. 1:2011cv00064 - Document 30 (N.D. Tex. 2012)
Court Description: Order adopting 27 Findings and Recommendations on re: 1 Complaint, filed by Daniel Wayne Whitaker. Case is DISMISSED without prejudice. Pending motions are DENIED. Dismissal of Plaintiff's complaint does not release Plaintiff or the institution where he is incarcerated from the obligation to pay any filing fee previously imposed. See 28 U.S.C. § l9l5(b)(1). Judgment shall be entered accordingly. (Ordered by Judge Sam R Cummings on 10/23/2012) (rlw)
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Whitaker v. Abilene Police Department et al Doc. 30 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS ABILENE DIVISION DANIEL WAYNE WHITAKER, Institutional ID No. 1710847, ) ) ) ) ) Plaintifl v. ABILENE POLICE DEPARTMENT, et al., ) ) CIVIL ACTION NO. l:l I-CV-00064-C ) ) Defendants. ) ECF ORDER Plaintiff Daniel Wayne Whitaker, actingpro se, filed a civil rights complaint pursuant to 42 U.S.C. $ 1983 and was granted permission to proceed informa pauperis. The complaint was transferred to the docket of the United States Magistrate Judge, who ordered authenticated copies of Plaintifls records that were relevant to his complaint and notified authorities that a hearing pursuantto Spears v. McCotter,766F .2d 179,181-82 (5th Cir. 1985), was scheduled June 2l . Because ,2012. Plaintiff did not consent to proceed before the United States Magistrate Judge, pursuant to this Court's Order entered on May 23,2012,the Magistrate Judge entered a Report and Recommendation and transferred the case back to this Court on June 8.2012. Plaintiff has not filed objections to the Report and Recommendation, This Court has made an independent examination of the record in this case and finds that the Magistrate Judge's findings and conclusions should be ADOPTED. It is, therefore, ORDERED: (l) Civil Action No. l:11-CV-00064-C is DISMISSED without prejudice. Dockets.Justia.com (2) Any pending motions are DENIED. (3) The dismissal of Plaintiff s complaint does not release Plaintiff or the institution where he is incarcerated from the obligation to pay any $ l9l5(b)(l) ('Notwithstanding filing fee previously imposed. See28 U.S.C. subsection (a), if a prisoner brings a civil action or files an appeal in forma pauperis, the prisoner shall be required to pay the full amount of a filing fee.") (emphasis added); Hatchet v. Nettles, 201 F.3d 651, 654 (5th Cir. 2000) ("No relief from an order directing payment of the filing fee should be granted for a voluntary dismissal."). (4) Plaintiff is advised that if he appeals this Order, he will be required to pay the appeal fee of 5455.00 pursuant to the PLRA, and he must submit an application to proceed in forma pauperis and a 6-month Certificate of Inmate Trust Account at the same time he files his notice of appeal. SO ORDERED. Judgment shall be entered accordingly. Dated October 1, A ,2012. UM States S istrict Judge
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