Dixon v. McDanial

District Court, E.D. Texas

Dixon v. McDanial

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:21-cv-00366 Lawrence Dixon, Plaintiff, v. Warden John McDanial et al., Defendants.

ORDER Plaintiff Lawrence Dixon, a prisoner of the Texas Department of Criminal Justice proceeding pro se, filed this civil-rights lawsuit pur- suant to

42 U.S.C. § 1983

without paying the filing fee. The case was transferred to this court for proper venue and referred to United States Magistrate Judge John D. Love pursuant to

28 U.S.C. § 636

(b). On January 19, 2022, the magistrate judge issued a report rec- ommending that the court bar the plaintiff from proceeding 7 forma pauperis pursuant to

28 U.S.C. § 1915

(g) and dismiss this case unless the plaintiff paid the filing fee within 15 days. Doc. 17. A copy of the report was mailed to the plaintiff, who received it on January 25, 2022. Doc. 18. He has not filed written objections or paid the filing fee. When no party objects to the magistrate judge’s report and rec- ommendation, the court reviews it only for clear error. See Douglass vy. United Servs. Auto. Ass’n,

79 F.3d 1415, 1420

(5th Cir. 1996). Hav- ing reviewed the magistrate judge’s report, and being satisfied that it contains no clear error, the court accepts its findings and recommen- dation. The plaintiff’s motion for leave to proceed without payment (Doc. 16) is denied, and this case is dismissed with prejudice for pur- poses of proceeding 7 forma pauperis under

28 U.S.C. § 1915

(g)— but without prejudice as to the refiling of the lawsuit without seeking in forma pauperis status.

So ordered by the court on March 7, 2022.

j/ CAMPBELL BARKER United States District Judge

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Reference

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