Mallard v. Gray et al

- 1 -
No. 6:25-cv-00249
Chansler Depaul Mallard,
Plaintiff,
v.
Unknown Gray et al.,
Defendants.
O R D E R
Plaintiff, a Texas Department of Criminal Justice prisoner
proceeding pro se, filed this civil-rights lawsuit under 42 U.S.C.
§ 1983 (Doc. 1) without paying the filing fee. The case was trans-
ferred to this court for proper venue (Doc. 2) and referred to a
magistrate judge. The magistrate judge issued a report recom-
mending that the court deny plaintiff leave to proceed in forma
pauperis under 28 U.S.C. § 1915(g) and dismiss the case. Doc. 3
at 2. Specifically, the report recommends dismissing the action
with prejudice as to the refiling of another in forma pauperis law-
suit raising the same claims but without prejudice to the refiling
of this lawsuit upon payment of the full filing fee. Id. Petitioner
did not file objections to the report.
When there have been no timely objections to a report, “the
court need only satisfy itself that there is no clear error on the face
of the record.” Fed. R. Civ. P. 72(b), advisory committee’s notes
to 1983 amendment. Having reviewed the record and being satis-
fied that there is no clear error, the court accepts the report’s find-
ings and recommendations.
Plaintiff is denied leave to proceed in forma pauperis under 28
U.S.C. § 1915(g). The court dismisses plaintiff’s case with preju-
dice as to the refiling of another in forma pauperis lawsuit raising
the same claims but without prejudice as to refiling upon payment
of the full filing fee. Should plaintiff pay the full filing fee within
15 days of entry of this order, he shall be allowed to proceed in this
Case 6:25-cv-00249-JCB-JDL Document 4 Filed 03/04/26 Page 1 of 2 PageID #:
<pageID>

- 2 -
lawsuit as though the full fee had been paid from the outset. Any
pending motions are denied as moot.
So ordered by the court on March 4, 2026.
J. CAM PB EL L BA RK ER
United States District Judge
Case 6:25-cv-00249-JCB-JDL Document 4 Filed 03/04/26 Page 2 of 2 PageID #:
<pageID>