Geiger v. Coker
Geiger v. Coker
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:22-cv-00266 Michael E. Geiger, Plaintiff, V. Teresia Coker et al., Defendants.
ORDER Plaintiff Michael E. Geiger, 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 John D. Love pursu- ant to
28 U.S.C. § 636(b). On July 19, 2022, the magistrate judge issued a report recom- mending that the court bar plaintiff from proceeding m 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 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, and this case is dismissed with prejudice for pur- poses of proceeding 7m 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 September 30, 2022. fab BARKER United States District Judge
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Reference
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