Dixon v. Skyview Unit

District Court, E.D. Texas

Dixon v. Skyview Unit

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:22-cv-00348 Fred A. Dixon, Plaintiff, v. Skyview Unit et al., Defendants.

ORDER Plaintiff Fred A. 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 referred to United States Magistrate Judge John D. Love pursuant to

28 U.S.C. § 636

(b). On September 1, 2022, the magistrate judge issued a report rec- ommending that the court bar plaintiff from proceeding 7m forma pau- peris pursuant to

28 U.S.C. § 1915

(g) and dismiss this case unless the plaintiff paid the filing fee within 15 days. Doc. 6. A copy of the re- port was mailed to plaintiff, who received it sometime before Sep- tember 12, 2022. Doc. 8. Plaintiff 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. Plaintiff’s motion for leave to proceed without payment (Doc. 2) is denied. Furthermore, this case is dismissed with preju- dice for purposes of proceeding 7 forma pauperis under

28 U.S.C. § 1915

(g), but without prejudice as to the refiling of the lawsuit with payment of the full filing fee.

So ordered by the court on October 20, 2022.

j/ CAMPBELL BARKER United States District Judge

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Reference

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