Dixon v. Skyview Unit
Dixon v. Skyview Unit
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:22-cv-00378 Fred A. Dixon, Jr., Plaintiff, v. Skyview Unit 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. § 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 September 29, 2022, the magistrate judge issued a report rec- ommending that plaintiff be barred from proceeding 7 forma pau- peris pursuant to
28 U.S.C. § 1915(g) and that this case be dismissed unless the 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’s motion to proceed 7m forma pauperis (Doc. 6) 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. fabs BARKER United States District Judge
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