Opinion
6:22-cv-00385
01-25-2023
Fred A. Dixon, Jr., Plaintiff, v. Warden, Skyview Unit et al., Defendants.
ORDER
J. CAMPBELL BARKER UNITED STATES DISTRICT JUDGE
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 sanctions previously imposed upon him by the Northern District of Texas. Plaintiff received a copy of the report but has filed no objections.
When no party objects to the magistrate judge's report and recommendation, the court reviews it only for clear error. See Douglass v. United Servs. Auto. Ass'n, 79 F.3d 1415, 1420 (5th Cir. 1996). Having reviewed the magistrate judge's report and being satisfied that it contains no clear error, the court accepts its findings and recommendation. Plaintiff's motion to proceed in forma pauperis is denied, and this case is dismissed with prejudice for purposes of proceeding in 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 permission from a judge of this court to file a new lawsuit and proof of satisfaction of the $100.00 sanction imposed by the Northern District of Texas.
So ordered