Reported / Citable
Background
Terry Matthew Davis, a prisoner at the Polunsky Unit of the Texas Department of Criminal Justice, filed a pro se civil-rights action under 42 U.S.C. § 1983 against Alisha King, Austin J. Sindle, B. Bobby, and Liliana G. Vila.
The case was referred to Magistrate Judge Zack Hawthorn. On July 27, 2026, the magistrate judge recommended dismissal without prejudice under 28 U.S.C. § 1915(g) unless Davis paid the $405 filing fee within 14 days. No party objected, and Davis did not pay the fee.
The Court’s Holding
District Judge Marcia A. Crone adopted the magistrate judge’s report and recommendation in full. The court found its factual findings and legal conclusions correct after reviewing the record, pleadings, and available evidence.
Because Davis neither objected to the recommendation nor paid the required filing fee, the court directed that final judgment be entered in accordance with the recommendation—dismissal without prejudice under § 1915(g).
Key Takeaways
- The court adopted an unopposed recommendation to dismiss the action without prejudice.
- Davis did not pay the $405 filing fee within the deadline set by the magistrate judge.
- The dismissal was pursuant to the Prison Litigation Reform Act’s three-strikes provision, 28 U.S.C. § 1915(g).
Why It Matters
The order illustrates that a prisoner proceeding under § 1983 may not continue without prepaying the filing fee when § 1915(g) applies, absent a basis to proceed otherwise. Failure to respond to the court’s fee directive can result in dismissal without prejudice.