Garrison v. Clough et al

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
WILLIAM SCOTT GARRISON,
#814619
VS.
DEA AGENT RICHARD CLOUGH, ET
AL.
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CIVIL ACTION NO. 4:26-cv-138
Judge Mazzant/Judge Davis
MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action,
this matter having been heretofore referred to the Magistrate Judge pursuant to 28 U.S.C. § 636.
On February 11, 2026, the Magistrate Judge entered a Report and Recommendation (Dkt. #5) that
this civil action filed pursuant to 42 U.S.C. § 1983 be dismissed without prejudice as barred by 28
U.S.C. § 1915(g), and that should Plaintiff pay the full $405.00 filing fee within fifteen days after
the date of entry of dismissal, he be allowed to proceed in this lawsuit as though the full fee had
been paid from the outset.
The Report and Recommendation of the Magistrate Judge, which contains proposed
findings of fact and recommendations for the disposition of such action, has been presented for
consideration. No objections having been timely filed, the Court concludes that the findings and
conclusions of the Magistrate Judge are correct and adopts the same as the findings and
conclusions of the Court.
It is therefore ORDERED that this civil action filed pursuant to 42 U.S.C. § 1983 is
DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(g). It is further ORDERED that,
should Plaintiff pay the full $405.00 filing fee within fifteen days after the date of entry of dismissal,
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he be allowed to proceed in this lawsuit as though the full fee had been paid from the outset.
Payment of the filing fee would not, however, affect screening for frivolousness, maliciousness, or
failure to state a claim under 28 U.S.C. § 1915A. All motions by either party not previously
ruled on are hereby DENIED.
IT IS SO ORDERED.
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