Dixon v. Skyview Guards

District Court, E.D. Texas

Dixon v. Skyview Guards

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:22-cv-00386 Fred A. Dixon, Jr., Plaintiff, v. Skyview Guards et al., Defendants.

ORDER Plaintiff Fred A. Dixon, Jr., a prisoner of the Texas Department of Criminal Justice proceeding pro se, filed this civil-rights lawsuit pursuant to

42 U.S.C. § 1983

without paying the filing fee. The case was referred to United States Magistrate Judge John D. Love pursu- ant to

28 U.S.C. § 636

(b). On September 30, 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 plaintiff paid the filing fee within fifteen days. Doc. 4. A copy of the report was mailed to plaintiff, who received it on October 4, 2022. Doc. 6. 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 to proceed 7m forma pauperis (Doc. 2) is de- nied, and this case is dismissed with prejudice for purposes of pro- ceeding im 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 November 8, 2022. fab BARKER United States District Judge

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Reference

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