Dixon v. Skyview Staff Medical

District Court, E.D. Texas

Dixon v. Skyview Staff Medical

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:22-cv-00476 Fred A. Dixon, Jr., Plaintiff, v. Skyview Staff Medical, Defendant.

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 pursuant to

28 U.S.C. § 636

(b). On December 13, 2022, the magistrate judge issued a report rec- ommending that the court bar plaintiff from proceeding 7m forma pau- peris pursuant to

28 U.S.C. § 1915

(g) and dismiss this case unless plaintiff paid the filing fee within 15 days. Doc. 3. A copy of the report was mailed to plaintiff, who received it on December 19, 2022. Doc. 4. 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 is denied leave to proceed zn forma pauperis, and this case is dismissed with prejudice for purposes of proceeding 7 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 January 30, 2023.

ji CAMPBELL BARKER United States District Judge

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