UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:22-cv-00369 Barry Emmett, Plaintiff, v. Gary Alexander et al., Defendants.

ORDER Plaintiff Barry Emmett, a prisoner of the Texas Department of Criminal Justice proceeding pro se, filed this civil-rights lawsuit pur- suant to

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

(b). On September 21, 2022, the magistrate judge issued a report rec- ommending that the court deny plaintiff leave to proceed m forma pauperis pursuant to

(g) and dismiss this case unless plaintiff paid the full filing fee within fifteen days. Doc. 3. A copy of the report was mailed to plaintiff, who received it on October 5, 2022. Doc. 8. Plaintiff has not filed written objections or paid the full 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,

(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

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

So ordered by the court on December 8, 2022. faobok BARKER United States District Judge

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