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Bell v. Rikers Island Warden

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION
Oct 17, 2019
CIVIL ACTION NO. 6:19cv331 (E.D. Tex. Oct. 17, 2019)

Opinion

CIVIL ACTION NO. 6:19cv331

10-17-2019

JOSEPH BELL, #646053 v. RIKERS ISLAND WARDEN, ET AL.


ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

Plaintiff Joseph Bell, an inmate currently confined at the Eastham Unit within the Texas Department of Criminal Justice (TDCJ) proceeding pro se and seeking to proceed in forma pauperis, filed this civil rights lawsuit pursuant to 42 U.S.C. § 1983. The case was referred to United States Magistrate Judge John D. Love for findings of fact, conclusions of law, and recommendations for the disposition of the case.

On July 30, 2019, Judge Love issued a Report (Docket No. 4) recommending that Plaintiff Bell's civil rights lawsuit be dismissed with prejudice for purposes of in forma pauperis proceedings under 28 U.S.C. § 1915(g)—but without prejudice to the refiling of this lawsuit without seeking in forma pauperis status. Specifically, Judge Love found that Plaintiff Bell has accumulated at least three strikes under the Prison Litigation Reform Act (PLRA) and has been sanctioned at least twice. A copy of the Report was sent to Plaintiff Bell at his address, return receipt requested. The docket reflects that Plaintiff Bell received a copy of the Report on August 2, 2019 (Docket No. 5). To date, however, no objections to the Report have been filed.

Because no objections to Judge Love's Report have been filed, Plaintiff Bell is barred from de novo review by the District Judge of those findings, conclusions, and recommendations and, except upon grounds of plain error, from appellate review of the unobjected-to proposed factual findings and legal conclusions accepted and adopted by the district court. Douglass v. United Services Auto. Ass'n., 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc).

The Court has reviewed the pleadings on file and the Report of the Magistrate Judge and has determined that the Report is correct. See United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir.), cert. denied, 492 U.S. 918, 109 S.Ct. 3243 (1989) (holding that where no objections to a Magistrate Judge's Report are filed, the standard of review is "clearly erroneous, abuse of discretion and contrary to law"). Accordingly, it is

ORDERED that the Report of the United States Magistrate Judge (Docket No. 4) is ADOPTED as the opinion of the Court. Further, it is

ORDERED that the above-styled civil rights lawsuit is DISMISSED with prejudice for purposes of an in forma pauperis proceeding under 28 U.S.C. § 1915(g)—but without prejudice as to the refiling of this lawsuit without seeking in forma pauperis status. Finally, it is

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

So ORDERED and SIGNED this 17th day of October, 2019.

/s/_________

JEREMY D. KERNODLE

UNITED STATES DISTRICT JUDGE


Summaries of

Bell v. Rikers Island Warden

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION
Oct 17, 2019
CIVIL ACTION NO. 6:19cv331 (E.D. Tex. Oct. 17, 2019)
Case details for

Bell v. Rikers Island Warden

Case Details

Full title:JOSEPH BELL, #646053 v. RIKERS ISLAND WARDEN, ET AL.

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

Date published: Oct 17, 2019

Citations

CIVIL ACTION NO. 6:19cv331 (E.D. Tex. Oct. 17, 2019)