Opinion
3:05-MC-020-K.
May 10, 2005
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Pursuant to the provisions of 28 U.S.C. § 636(b), and an order of the District Court in implementation thereof, the subject cause has been referred to the United States Magistrate Judge. The findings, conclusions and recommendation of the Magistrate Judge are as follows:
FINDINGS AND CONCLUSIONS:
Plaintiff is barred from proceeding in forma pauperis by the three-strike provision of 28 U.S.C. § 1915(g); he is also barred from filing any civil action unless he first obtains prior written consent from a District Judge or a Magistrate Judge.See Dixon v. Doe, 3:03cv2794-K (N.D. Tex., Dallas Div. Jan. 5, 2004) (three-strike dismissal); Dixon v. Lake Charles Sheriff's Department, 3:03cv2232-M (N.D. Tex., Dallas Div. Jan. 28, 2004) (sanction order).
On January 28, 2005, Plaintiff filed a motion for leave to proceed in forma pauperis, which the court construed as a motion for leave to file as well as a request for leave to proceed in forma pauperis. A review of the motion reflects that Plaintiff has not set out any reason why this court should grant him leave to file. Nor has he submitted a proposed complaint. On February 24, 2005, the court ordered Plaintiff to submit, within thirty days, a proposed complaint along with an amended motion seeking leave to file, setting out all reasons why leave to file should be granted. On March 28, 2005, Plaintiff filed a pleading, which the court has construed as a complaint.
Upon review of the motion for leave to and the proposed complaint, the Magistrate Judge finds that Plaintiff has failed to present a good cause basis for granting the motion for leave to file.
RECOMMENDATION
For the foregoing reasons, it is recommended that the District Court enter an order denying Plaintiff Fred A. Dixon's motion for leave to file.
A copy of this recommendation will be mailed to Fred A. Dixon, Jr., No. 31883, Brazoria County Jail, 7602 County Road 4 S, Angleton, Texas 77515.