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Booth v. Texas Department of Criminal Justice — inmate’s civil-rights suit dismissed with prejudice

Reported / Citable

Case
Cory Booth v. Texas Department of Criminal Justice et al.
Court
U.S. District Court — Eastern District of Texas
Judge
J. Campbell Barker
Date Decided
August 24, 2026
Docket No.
6:26-cv-00068
Topics
Prisoner civil rights; Pro se litigation; Screening dismissal

Background

Cory Booth, a Texas Department of Criminal Justice inmate proceeding without counsel and in forma pauperis, filed a civil lawsuit alleging constitutional violations. The matter was referred to a magistrate judge under 28 U.S.C. § 636(b).

On July 15, 2026, the magistrate judge recommended dismissing the complaint for failure to state a claim under 28 U.S.C. §§ 1915A(b) and 1915(e)(2)(B), as well as 42 U.S.C. § 1997e(c). Booth received the report on July 20 but filed no written objections.

The Court’s Holding

District Judge J. Campbell Barker accepted the magistrate judge’s report and recommendation and dismissed the case with prejudice. Because neither party objected, the court reviewed the recommendation only for clear error.

The court found no clear error in the report’s findings or recommended disposition. It therefore dismissed Booth’s lawsuit for failure to state a claim.

Key Takeaways

  • A prisoner complaint may be dismissed at screening when it fails to state a claim.
  • Absent objections to a magistrate judge’s report and recommendation, the district court applied clear-error review.
  • The dismissal was with prejudice.

Why It Matters

The order illustrates the consequences of failing to object to a magistrate judge’s recommendation in a prisoner civil-rights action. With no objections and no clear error found, the district court adopted the recommended screening dismissal in full.

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