No. 6:24-cv-00068

Anthony Prescott,

Plaintiff,

v.

Terrie Hopkins et al.,

Defendants.

ORDER

Plaintiff Anthony Prescott, a former prisoner of the Texas Department of Criminal Justice proceeding pro se, filed a complaint alleging violations of his constitutional rights in prison. The case was 

transferred to this court for proper venue and referred to United 

States Magistrate Judge K. Nicole Mitchell pursuant to 28 U.S.C. 

§ 636(b). 

On February 28, 2024, the magistrate judge ordered plaintiff to 

file an amended complaint and satisfy the filing fee requirement

within thirty days. Doc. 10. United States Postal Service tracking 

records establish that this order was delivered to an individual at 

plaintiff’s address on March 5, 2024. On April 25, 2024, plaintiff 

filed a motion for extension of time to amend his complaint, and on 

May 1, 2024, the court granted him an additional twenty-one days 

from entry of its order. Docs. 14, 15. United States Postal Service 

tracking records establish that the magistrate judge’s order was 

picked up at the post office at 12:20 p.m. on May 7, 2024. See USPS 

Tracking for # 7020-1810-0000-1090-6117, available at 

https://tools.usps.com/go/TrackConfirmAction?tRef=fullpage&tLc=2&text28777=&tLabels=70201810000010906117%2C&t

ABt=true. On June 3, 2024, well after the expiration of his deadline, 

plaintiff filed another motion for extension of time. Doc. 17.

On June 5, 2024, the magistrate judge issued a report recommending that plaintiff’s case be dismissed without prejudice due to 

his failure to comply with the court’s orders to amend his complaint 

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and satisfy the filing fee requirement for this case. Doc. 18. Plaintiff 

filed a timely written objection. Doc. 21.

The court reviews the objected-to portions of a magistrate 

judge’s report and recommendation de novo. See Fed. R. Civ. P. 

72(b)(3); 28 U.S.C. § 636(b)(1). In his objection, plaintiff first blames 

his failure to comply on mail delays. Doc. 21 at 2. But the postal records set forth above establish that plaintiff received the court’s orders with sufficient time to comply or to file timely motions for extension. Second, plaintiff attributes his failures to “attacks by the 

governmental agencies,” including breaking into his home and poisoning his food. Id. But the court does not credit those. Therefore, 

the court overrules plaintiff’s objections.

Having reviewed the magistrate judge’s report de novo, the court 

accepts the report’s findings and recommendation for the reasons 

stated herein.

1 Plaintiff’s case is dismissed without prejudice due to 

his failure to comply with the orders of the court and to take the steps 

necessary to prosecute his claims.

So ordered by the court on July 24, 2024.

J. CAMPBELL BARKER

United States District Judge

1 Contrary to the report and recommendation, the court finds that plaintiff 

paid the filing fee. Doc. 2. Nonetheless, plaintiff’s failure to comply with the 

court’s order to amend his complaint is sufficient to dismiss this case without prejudice.

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