Dixon v. Unknown

District Court, E.D. Texas

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. § 1983

without 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

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