Dixon v. King
Dixon v. King
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:22-cv-00377 Fred A. Dixon, Jr., Plaintiff, v. Sheriff E. J. King, Defendant.
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. § 1983without paying the filing fee. The case was referred to United States Magistrate Judge K. Nicole Mitchell pursuant to
28 U.S.C. § 636(b). On September 28, 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 plaintiff paid the filing fee within fifteen days. Doc. 3. A copy of the report was mailed to plaintiff, who received it on October 4, 2022. Doc. 5. 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 is denied leave to proceed without payment, and this case is dismissed with prejudice 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 November 8, 2022.
j’ ‘CAMPBELL BARKER United States District Judge
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Reference
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