Froust v. Davis et al, No. 5:2010cv00085 - Document 16 (N.D. Tex. 2010)

Court Description: ORDER ADOPTING 13 Findings and Recommendations; ORDERED that 1) plaintiff's complaint and all claims alleged therein are dismissed without prejudice for failure to prosecute pursuant to FRCvP 41(b), for want of prosecution; 2) any pending mot ions are denied. Plaintiff is admonished that if he re-files his civil rights complaint, he must either pay the full filing fee of $350.00 or file an application to proceed in forma pauperis and a certificate of his inmate trust account. Judgment shall be entered accordingly. (Ordered by Judge Sam R Cummings on 12/23/2010) (klw)

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Froust v. Davis et al Doc. 16 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS LUBBOCK DIVISION WILLIAM BRIAN FROUST, Institutional ID No. 1617683, SID No. 2280684, Previous TDCJ Nos. 400679, 646380, ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff, V. WARDEN DAVIS, et al., Defendants. CIVIL ACTION NO. 5:10-CV-085-C ECF ORDER Plaintiff, proceeding pro se and in forma pauperis, filed a civil rights complaint on May 27, 2010. By Order dated June 23, 2010, this case was transferred to the docket of United States Magistrate Judge Nancy M. Koenig for screening pursuant to 28 U.S.C. §§ 1915 and 1915A. The United States Magistrate Judge entered a Report and Recommendation on November 18, 2010. No objections have been filed. The Court accepts and adopts the findings, conclusions, and recommendation of the Magistrate Judge. It is, therefore, ORDERED: (1) Plaintiff’s complaint and all claims alleged therein are dismissed without prejudice for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b), for want of prosecution. (2) Any pending motions are denied. Dockets.Justia.com Plaintiff is admonished that if he re-files his civil rights complaint, he must either pay the full filing fee of $350.00 or file an application to proceed in forma pauperis and a certificate of his inmate trust account. Judgment shall be entered accordingly. Dated December 23, 2010. _________________________________ SAM R. CUMMINGS UNITED STATES DISTRICT JUDGE 2

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