IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

BEAUMONT DIVISION

AGUSTIN CALDERON §

VS. § CIVIL ACTION NO. 1:24-CV-20 

CHRISTOPHER L. NORSWORTHY, §

SENIOR WARDEN, et al., 

REPORT AND RECOMMENDATION 

OF UNITED STATES MAGISTRATE JUDGE

Plaintiff, Agustin Calderon, an inmate currently confined at the Mark Stiles Unit with the

Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed

this civil rights action pursuant to 42 U.S.C. § 1983 against the following defendants: Senior

Warden Christopher L. Norsworthy, Senior Warden Angela N. Chavelier, Assistant Warden Hollis

Wilcox, Assistant Warden Tina Thompkins, and Law Library Supervisor Anquanita Trimble.

The above-styled action was referred to the undersigned magistrate judge pursuant to 28

U.S.C. § 636 and the Amended Order for the Adoption of Local Rules for the Assignment of Duties

to the United States Magistrate Judge for findings of fact, conclusions of law, and recommendation

for the disposition of the case.

Discussion

This complaint was originally filed in the Southern District of Texas on January 11, 2024

(doc. #1). The case was transferred to the Eastern District of Texas under 28 U.S.C. §§ 1391(b) and

1404(a) on January 16, 2024. On January 17, 2024, the undersigned entered an order requiring

Plaintiff to provide a certified income trust statement for the preceding six month period, showing

the average balance in and deposits made to Plaintiff’s inmate trust account (doc. # 8). On January

31, 2024, Plaintiff filed correspondence with the court, requesting that his case be dismissed without

prejudice (doc. # 9). 

The Defendants have not been ordered to answer or other plead in this action. Plaintiff has

an absolute right to voluntarily dismiss his claims pursuant to Federal Rule of Civil Procedure

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41(a)(1)(A). Based on the foregoing, it is recommended that this civil rights action filed pursuant

to 42 U.S.C. § 1983 should be dismissed without prejudice. 

Recommendation

This civil rights action filed pursuant to 42 U.S.C. § 1983 should be dismissed without

prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A). 

Objections

Within fourteen (14) days after receipt of the magistrate judge’s report, any party may serve

and file written objections to the findings of facts, conclusions of law and recommendations of the

magistrate judge. 28 U.S.C. § 636(b)(1)(c). 

Failure to file written objections to the proposed findings of facts, conclusions of law and

recommendations contained within this report within fourteen (14) days after service shall bar an

aggrieved party from the entitlement of de novo review by the district court of the proposed findings,

conclusions and recommendations and from appellate review of factual findings and legal

conclusions accepted by the district court except on grounds of plain error. Douglass v. United

Services Automobile Association, 79 F.3d 1415, 1417 (5th Cir. 1996) (en banc); 28 U.S.C. §

636(b)(1); FED. R. CIV. P. 72.

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.

___________________________________

Christine L Stetson

UNITED STATES MAGISTRATE JUDGE SIGNED this the 6th day of February, 2024.

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