IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION

FRED A. DIXON, JR., #1465237, § § Plaintiff, § § v. § Case No. 6:23-cv-13-JDK-JDL § SKYVIEW FOOD SERVICES, § § Defendant. §

ORDER ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Plaintiff Fred Dixon, a Texas Department of Criminal Justice inmate proceeding pro se, filed this civil rights lawsuit pursuant to

. The case was referred to United States Magistrate Judge John D. Love for findings of fact, conclusions of law, and recommendations for disposition. On January 11, 2023, Judge Love issued a Report recommending that the Court dismiss this case with prejudice for purposes of an in forma pauperis proceeding pursuant to

(g). Docket No. 3. Plaintiff filed objections. Docket No. 6. Where a party timely objects to the Report and Recommendation, the Court reviews the objected-to findings and conclusions of the Magistrate Judge de novo.

(b)(1). In conducting a de novo review, the Court examines the entire record and makes an independent assessment under the law. Douglass v. United Servs. Auto. Ass’n,

(5th Cir. 1996) (en banc), superseded on other grounds by statute,

(b)(1) (extending the time to file objections from ten to fourteen days). Having conducted a de novo review of the record in this case and the Magistrate Judge’s Report, the Court has determined that the Report of the Magistrate Judge is correct, and Plaintiffs objections are without merit. Accordingly, the Court hereby ADOPTS the Report of the Magistrate Judge (Docket No. 3) as the opinion of the District Court. It is therefore ORDERED that this case is DISMISSED with prejudice for purposes of proceeding in forma pauperis under

(g), but without prejudice as to the refiling of his lawsuit upon the satisfaction of three conditions: (1) proof of satisfaction of the $100.00 sanction imposed by the Northern District of Texas; (2) receipt of written permission to file a new lawsuit; and (3) payment of the full $402.00 filing fee or proof that Plaintiff is in imminent danger of serious physical injury as of the time of the filing of the complaint. So ORDERED and SIGNED this 10th day of February, 2023. qe J Kerb JHREMYD. KERN DLE UNITED STATES DISTRICT JUDGE