Dixon v. Skyview Correspondent

Filing 4

ORDER ACCEPTING REPORT AND RECOMMENDATIONS for 2 Report and Recommendations. Plaintiff is denied in forma pauperis status and the case is dismissed with prejudice for purposes of proceeding in forma pauperis, but without prejudice 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 lawsuit and proof of satisfaction of the $100.00 sanction imposed by the Northern District of Texas. Signed by District Judge J. Campbell Barker on 5/19/2023. (ndc)

No. 6:23-cv-00054
Fred A. Dixon, Jr.,
Plaintiff,
v.
Skyview Correspondent,
Defendant.
ORDER
Plaintiff Fred A. Dixon, Jr., an inmate of the Texas Department of Criminal Justice proceeding pro se, filed this lawsuit complaining of alleged deprivations of his constitutional rights. The
case was referred to United States Magistrate Judge John D. Love.
The magistrate judge issued a report recommending that the
lawsuit be dismissed under the three-strike provision of 28 U.S.C.
§ 1915(g) and because plaintiff failed to show that he has satisfied
sanctions previously imposed on him by the Northern District of
Texas. Plaintiff received a copy of the report on or before February 24, 2023, and has filed no objections.
When there have been no timely objections to a 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 is denied in
forma pauperis status and the case is dismissed with prejudice for
purposes of proceeding in forma pauperis, but without prejudice
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 lawsuit and proof of
satisfaction of the $100.00 sanction imposed by the Northern District of Texas.

So ordered by the court on May 19, 2023.

J. C AM PB EL L B A RK ER
United States District Judge

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