UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:24-cv-00026 Barry Emmett, Plaintiff, v. Unknown, Defendant.

ORDER Plaintiff Barry Emmett, a prisoner of the Texas Department of Criminal Justice proceeding pro se, filed this civil lawsuit without paying the filing fee. The case was referred to United States Magis- trate Judge K. Nicole Mitchell pursuant to

(b). Doc. 2. On January 26, 2024, the magistrate judge issued a report rec- ommending that the court bar the plaintiff from proceeding 7 forma pauperis pursuant to

(g) and dismiss this case sub- ject to reopening if the plaintiff pays the filing fee within fifteen days of judgment. Doc. 3. A copy of the report was mailed to the plaintiff, who received it on February 1, 2024, and has not filed written objec- tions or paid the filing fee. Doc. 4. 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,

(Sth 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. The plaintiff is denied leave to proceed as a pauper, 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 May 13, 2024.

J! CAMPBELL BARKER United States District Judge

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