Kirk v. Sherman Police Department et al

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
CAROLINE L. KIRK,
Plaintiff,
v.
SHERMAN POLICE DEPARTMENT,
GRAYSON COUNTY JAIL, GRAYSON
COUNTY SHERIFF'S DEPARTMENT,
ONE PUBLIC DEFENDER,
Defendants.
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NO. 4:25-CV-01209-MJT-ZJH
JUDGE MICHAEL TRUNCALE
ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
On October 24, 2025, the Court referred this case to the Honorable Zack Hawthorn, United
States Magistrate Judge for pretrial management. Dkt. 2. On December 8, 2025, Judge Hawthorn
issued a Report and Recommendation [Dkt. 5], which recommended dismissing pro se Plaintiff
Caroline Kirk’s (“Kirk”) case for want of prosecution.1
A party who files timely written objections to a magistrate judge’s report and
recommendation is entitled to a de novo determination of those findings or recommendations to
which the party specifically objects. 28 U.S.C. § 636(b)(l)(c); Fed. R. Civ. P. 72(b)(2)–(3). On
December 23, 2025, Kirk filed a Motion to Proceed in forma pauperis [Dkt. 5] and Objections to
Judge Hawthorn’s report [Dkt. 6].2 The Court has reviewed Judge Hawthorn’s Report and
1 Following Kirk’s Complaint [Dkt. 1], Judge Hawthorn entered an Order [Dkt. 3] that she either pay the $402.00
filing fee or file a Motion for Leave to Proceed in forma pauperis. Kirk failed to comply with the Order [Dkt. 3], as
she failed to pay the filing fee or complete the Motion for Leave to Proceed in forma pauperis.
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Recommendation [Dkt. 4], Kirk’s Motion to Proceed in forma pauperis [Dkt. 5] and her Objections
[Dkt. 6], and it holds that Judge Hawthorn’s findings and conclusions of law are correct.
It is, therefore, ORDERED that Judge Hawthorn’s Report and Recommendation [Dkt. 4]
is ADOPTED. Kirk’s Motion to Proceed in forma pauperis [Dkt. 5] is DENIED.
Accordingly, Kirk shall have fourteen (14) days from receipt of this order to pay the filing
fee to the clerk of court. Failure to do so will result in the entry of a Final Judgment.
2 In Kirk’s Motion for Leave to Proceed in forma pauperis [Dkt. 5], she does not demonstrate that she is unable to
pay the standard filing fee. Her Motion [Dkt. 5] lists that she has $4,100 in a bank account, which is sufficient to pay
the $402.00 filing fee.
____________________________
Michael J. Truncale
United States District Judge
SIGNED this 5th day of January, 2026.
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