McClendon-Lemman v. Tarrant County College

Opinion

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION

SHELLY RAYNE MCCLENDON- LEMMAN, Plaintiff, v. No. 4:21-cv-1338-P TARRANT COUNTY COLLEGE, Defendant. ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE The United States Magistrate Judge made Findings, Conclusions, and a Recommendation (“FCR”) in this case. ECF No. 5. No objections were filed,1 and the Magistrate Judge’s Recommendation is ripe for review. The District Judge reviewed the proposed Findings, Conclusions, and Recommendation for plain error. Finding none, the undersigned District Judge believes that the Findings and Conclusions of the Magistrate Judge are correct, and they are accepted as the Findings and Conclusions of the Court. Accordingly, it is ORDERED that Plaintiff Shelly Rayne McClendon-Lemman’s Motion for Leave to Proceed in Forma Pauperis (ECF No. 2) should be, and is hereby, DENIED.

1On December 22, 2021, Plaintiff filed a Reply asking for an extension to pay the filing fee. See ECF No. 6. Because the Reply does not attempt to object to the FCR, the Court does not construe it as a specific objection. See Nettles v. Wainwright, 677 F.2d 404, 410 n.8 (5th Cir. 1982) (en banc) (“Parties filing objections must specifically identify those findings [to which they object]. Frivolous, conclusive or general objections need not be considered by the district court.”), overruled on other grounds by Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1412 (5th Cir. 1996) (en banc). It is further ORDERED that Plaintiff pay to the Clerk of the Court the filing and administrative fees of $402.002 on or before December 30, 2021. Failure of Plaintiff to comply will result in the dismissal of this case without prejudice without further notice. SO ORDERED on this 22nd day of December, 2021.

Mark T. Pittman UNITED STATES DISTRICT JUDGE

2In addition to the filing fee of $350, the District Court Miscellaneous Fee Schedule requires payment of an administrative fee for filing a civil action in district court of $52. See 28 U.S.C.§ 1914(a) and District Court Miscellaneous Fee Schedule, note 14.