Leyva v. Ukpong et al

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No. 6:25-cv-00216
Rodolfo Leyva, Jr.,
Plaintiff,
v.
Iniobong N. Ukpong et al.,
Defendants.
O R D E R
Plaintiff, an inmate of the Texas Department of Criminal Jus-
tice proceeding pro se, brought this civil rights lawsuit for alleged
deliberate indifference in medical care. Doc. 9. He also moved to
proceed in forma pauperis. Doc. 10. The case was referred to a
magistrate judge, who granted plaintiff in forma pauperis status
and ordered him to pay an initial filing fee within 45 days, as re-
quired by the Prison Litigation Reform Act. Doc. 12. Plaintiff
failed to do so. See Doc. 15 at 1. The magistrate judge therefore
issued a report recommending that plaintiff’s lawsuit be dis-
missed without prejudice. Id. at 2. The report also recommended
suspending the statute of limitations in this case for 90 days from
entry of the judgment. Id. Plaintiff received the report but filed no
written objections. Doc. 16.
When there have been no timely objections to a report, the
court need only satisfy itself that there is no clear error on the face
of the record.” Fed. R. Civ. P. 72(b), advisory committee’s notes
to 1983 amendment. Having reviewed the record and being satis-
fied that there is no clear error, the court accepts the report’s find-
ings and recommendations. All claims in this matter are dismissed
without prejudice. The statute of limitations in this case is sus-
pended for 90 days from entry of the judgment. Any pending mo-
tions are denied as moot.
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So ordered by the court on January 21, 2026.
J. CAM PB EL L BA RK ER
United States District Judge
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