Reported / Citable
Background
Marvin Gabriel Holmes, a prisoner at the Jefferson County Correctional Facility, filed a pro se civil-rights action under 42 U.S.C. § 1983 against the State of Texas and the Texas Department of Criminal Justice.
The case was referred to Magistrate Judge Zack Hawthorn. On August 30, 2026, the magistrate judge recommended dismissal under 28 U.S.C. § 1915(g) unless Holmes paid the $405 filing fee within 14 days. Holmes neither objected to the recommendation nor paid the fee.
The Court’s Holding
District Judge Michael J. Truncale adopted the magistrate judge’s report and recommendation in full. The court found the magistrate judge’s factual findings and legal conclusions correct after reviewing the report, record, pleadings, and available evidence.
Because Holmes had not paid the required filing fee and filed no objections after receiving proper notice, the court ordered that final judgment be entered in accordance with the recommendation to dismiss the action.
Key Takeaways
- The court adopted a recommendation to dismiss Holmes’s § 1983 action under the Prison Litigation Reform Act’s three-strikes provision.
- Holmes did not pay the $405 filing fee within the time allowed by the magistrate judge.
- No party filed objections to the report and recommendation.
Why It Matters
The order reflects the enforcement of 28 U.S.C. § 1915(g) when a prisoner-plaintiff subject to that provision does not pay the full filing fee. It also illustrates that, absent objections, a district court may adopt a magistrate judge’s recommendation after reviewing the record.