Dixon v. Unknown
Dixon v. Unknown
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:22-cv-00385 Fred A. Dixon, Jr., Plaintiff, V. Warden, 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 K. Nicole Mitchell. The magistrate judge issued a report recommending that the lawsuit be dismissed by the three-strike provision of
28 U.S.C. § 1915(g) and because plaintiff failed to show that he has satisfied sanc- tions previously imposed upon him by the Northern District of Texas. Plaintiff received a copy of the report but has filed no objec- tions. 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 zn forma pauperis is denied, and this case is dismissed with prejudice for purposes of proceeding zn 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. Should Plaintiff refile his lawsuit, he must also show receipt of per- mission from a judge of this court to file a new lawsuit and proof of satisfaction of the $100.00 sanction imposed by the Northern Dis- trict of Texas.
So ordered by the court on January 25, 2023.
j! CAMPBELL BARKER United States District Judge
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Reference
- Status
- Unknown