IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

TYLER DIVISION

LARRY COLEMAN HICKS, #2270069 §

§

Plaintiff, §

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v. § Case No. 6:23-cv-316-JDK-JDL

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BRYAN COLLIER, et al., §

§

Defendant. §

ORDER ADOPTING REPORT AND RECOMMENDATION

OF UNITED STATES MAGISTRATE JUDGE

Plaintiff, an inmate proceeding pro se, filed this civil rights lawsuit pursuant 

to 42 U.S.C. § 1983 without paying the filing fee or moving to proceed in forma 

pauperis. The case was referred to United States Magistrate Judge K. Nicole Mitchell

for findings of fact, conclusions of law, and recommendations for disposition. 

On June 27, 2023, the Magistrate Judge issued a Report recommending that 

the Court bar Plaintiff from proceeding in forma pauperis pursuant to 28 U.S.C. 

§ 1915(g) and dismiss this case subject to reinstatement if Plaintiff pays the filing fee

within fifteen days of dismissal. Docket No. 3. A copy of this Report was mailed to 

Plaintiff, who has submitted a letter that the Court construes to be written objections

to the Report. Docket No. 5.

The Court reviews the findings and conclusions of a Magistrate Judge de novo 

if a party objects within fourteen days of service of the Report and Recommendation. 

28 U.S.C. § 636(b)(1). In conducting a de novo review, the Court examines the entire 

record and makes an independent assessment under the law. Douglass v. United 

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Servs. Auto. Ass’n, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc), superseded on other 

grounds by statute, 28 U.S.C. § 636(b)(1) (extending the time to file objections from 

ten to fourteen days). 

Plaintiff appears to challenge the finding that he is not in imminent danger, 

which would allow him to seek IFP status despite his litigation history. But like his 

complaint, his objection is an incoherent mess of clearly delusional ramblings, 

including an FBI plot on his life involving a porn star and her sister, President Biden’s 

involvement in Plaintiff’s efforts to obtain a patent, little grey aliens, and the 

involvement of members of this Court in a child molestation enterprise. Docket No. 

5. As the Magistrate Judge explained, delusional allegations of this type cannot

overcome the bar of Section 1915(g). Jones v. Hutto, No. 3:19-CV-1359-N-BN, 2019 

WL 3307068, at *2 (N.D. Tex. June 11, 2019), report and recommendation adopted, 

No. 3:19-CV-1359-N, 2019 WL 3304791 (N.D. Tex. July 23, 2019). Moreover, Plaintiff 

is cautioned that further baseless, defamatory allegations against the judges of this 

Court in this or any other action here may result in the imposition of sanctions. See

Fed. R. Civ. P. 11(c).

Having reviewed the record and Plaintiff’s objections de novo, the Court 

concludes that the objections are without merit and that the findings and conclusions 

of the Magistrate Judge are correct. Accordingly, the Court hereby OVERRULES

Plaintiff’s objections and ADOPTS the Report and Recommendation of the United 

States Magistrate Judge (Docket No. 3) as the findings of this Court. It is therefore 

ORDERED that 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 

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of the lawsuit with payment of the full filing fee or reinstatement of this case upon 

full payment within fifteen days of entry of this order. All pending motions are 

DENIED as MOOT.

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So ORDERED and SIGNED this day of

___________________________________

JEREMY D. KERNODLE

UNITED STATES DISTRICT JUDGE 28th July, 2023.

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