Dixon v. McDanial et al

Filing 19

ORDER ACCEPTING REPORT AND RECOMMENDATIONS for 17 Report and Recommendations and denying 16 Motion for Leave to Proceed in forma pauperis filed by Lawrence Dixon. 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 without seeking in forma pauperis status. Signed by District Judge J. Campbell Barker on 3/7/2022. (ndc)

No. 6:21-cv-00366
Lawrence Dixon,
Plaintiff,
v.
Warden John McDanial et al.,
Defendants.

ORDER
Plaintiff Lawrence Dixon, 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
transferred to this court for proper venue and referred to United
States Magistrate Judge John D. Love pursuant to 28 U.S.C.
§ 636(b).
On January 19, 2022, the magistrate judge issued a report recommending that the court bar the plaintiff from proceeding in forma
pauperis pursuant to 28 U.S.C. § 1915(g) and dismiss this case unless
the plaintiff paid the filing fee within 15 days. Doc. 17. A copy of the
report was mailed to the plaintiff, who received it on January 25,
2022. Doc. 18. He has not filed written objections or paid the filing
fee.
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. The plaintiff’s motion for leave to proceed without payment
(Doc. 16) 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 without seeking
in forma pauperis status.

So ordered by the court on March 7, 2022.

J. C AMPBELL B ARKER
United States District Judge

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