IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

AMARILLO DIVISION

THEOTIS LEE HODGE, §

§

Plaintiff, §

§

v. § 2:22-CV-200-Z-BR

§

D. ZIMMERMAN, et al., §

§

Defendants. §

FINDINGS, CONCLUSIONS AND RECOMMENDATION TO DISMISS

COMPLAINT FOR FAILURE TO PAY FILING FEE

The Clerk filed Plaintiff’s civil rights complaint on October 13, 2022. (ECF 3). Plaintiff’s 

In Forma Pauperis data sheet reflects a balance of $963.53 as of that date. (ECF 4 at 3). 

Plaintiff does not qualify for a grant of pauper’s status. Plaintiff possesses, has possessed, 

or has had access to, the funds needed to pay the $350.00 filing fee and $52.00 administrative fee 

in the instant cause and should have included such payment with the submission of his application 

or subsequent to such submission. Plaintiff’s Complaint should be DISMISSED for failure to pay 

the requisite fee.

RECOMMENDATION

It is the RECOMMENDATION of the United States Magistrate Judge to the United States 

District Judge that Plaintiff’s application to proceed in forma pauperis be DENIED, and that the 

civil rights complaint filed by Plaintiff be DISMISSED for failure to pay the $350.00 filing fee 

and $52.00 administrative fee.

NOTICE TO PLAINTIFF OF EFFECT OF PAYING FILING FEE

If Plaintiff pays the $350.00 filing fee and the $52.00 administrative fee within thirty (30) 

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days after the “entered” date of these Findings, Conclusions and Recommendation, then the 

recommendation of dismissal will be withdrawn. 

If, within fourteen (14) days after the “entered” date of these Findings, Conclusions and 

Recommendation, Plaintiff submits to this Court evidence that he has authorized his institution to 

disburse the requisite funds from his trust account by properly completing and submitting to the 

prison a Form I-25 entitled “Inmate Request for Withdrawal,” then this case will be held in 

abeyance for thirty (30) days from the date of the Form I-25, pending receipt of the filing fee. If 

payment has been received during the 30-day time period, the recommendation of dismissal will 

be withdrawn. If no payment has been received at the end of the 30-day time period, the case will 

remain subject to dismissal. It is Plaintiff’s responsibility to monitor the disbursement of the 

requisite funds from his trust account, and ensure that such funds have been withdrawn and 

transmitted to the Court. Plaintiff shall advise the Court, prior to the expiration of the 30-day 

period, as to any legitimate reason why the funds will not be received by the Court within the time 

period. 

Plaintiff is advised that the payment of the filing fee will not guarantee that this Court will 

reach the merits of Plaintiff’s complaint.

INSTRUCTIONS FOR SERVICE

The United States District Clerk is directed to send a copy of these Findings, Conclusions 

and Recommendation to each party by the most efficient means available.

IT IS SO RECOMMENDED. 

ENTERED November 18, 2022.

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* NOTICE OF RIGHT TO OBJECT *

Any party may object to these proposed findings, conclusions and recommendation. In 

the event parties wish to object, they are hereby NOTIFIED that the deadline for filing objections 

is fourteen (14) days from the date of filing as indicated by the “entered” date directly above the 

signature line. Service is complete upon mailing, Fed. R. Civ. P. 5(b)(2)(C), or transmission by 

electronic means, Fed. R. Civ. P. 5(b)(2)(E). Any objections must be filed on or before the 

fourteenth (14th) day after this recommendation is filed as indicated by the “entered” date. 

See 28 U.S.C. § 636(b); Fed. R. Civ. P. 72(b)(2); see also Fed. R. Civ. P. 6(d).

Any such objections shall be made in a written pleading entitled “Objections to the 

Findings, Conclusions and Recommendation.” Objecting parties shall file the written objections 

with the United States District Clerk and serve a copy of such objections on all other parties. A 

party’s failure to timely file written objections shall bar an aggrieved party, except upon grounds 

of plain error, from attacking on appeal the unobjected-to proposed factual findings, legal 

conclusions, and recommendation set forth by the Magistrate Judge and accepted by the district 

court. See Douglass v. United Services Auto. Ass’n, 79 F.3d 1415, 1428-29 (5th Cir. 1996) (en 

banc), superseded by statute on other grounds, 28 U.S.C. § 636(b)(1), as recognized in ACS 

Recovery Servs., Inc. v. Griffin, 676 F.3d 512, 521 n.5 (5th Cir. 2012); Rodriguez v. Bowen, 857 

F.2d 275, 276-77 (5th Cir. 1988).

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