Miguel v. Wall

Filing 32

ORDER: ADOPTING 19 Report and Recommendations re: 18 Motion for Leave to Appeal in forma pauperis. 18 Motion for Leave to Appeal in forma pauperis is DENIED. ADOPTING 24 Report and Recommendations re: 21 Motion for Leave to Appeal in forma pauperis. 21 Amended Motion for Leave to Appeal in forma pauperis is DENIED. So Ordered by Senior Judge Mary M. Lisi on 3/25/2016. A copy of this Order was sent to Petitioner via first-class mail. (Feeley, Susan)

UNITED STATES DISTRICT COURT
DISTRICT OF RHODE ISLAND

JOHN MIGUEL
v.

CA 15-281 ML

A.T. WALL

MEMORANDUM AND ORDER
This matter is before the Court on Petitioner’s Objection to Reports and
Recommendations issued by Magistrate Judge Almond on February 16, 2016 (Docket #19) and
on March 2, 2016 (Docket #24).
The Court has reviewed both Reports and Recommendations and Petitioner’s
submissions. While it appears that Petitioner may not qualify for in forma pauperis status, (he
has an average balance of $2264.22 in his inmate account) (Docket #22) even if the Court were
to grant him such status, his Motions to Proceed In Forma Pauperis (Docket # 18 and #21) would
have to be denied for the reasons set forth in both Reports and Recommendations: the instant
petition is a second or successive petition which this Court has no jurisdiction to consider absent
authorization from the Court of Appeals.
Accordingly, the Motion to appeal in forma pauperis is DENIED.

SO ORDERED:

/s/ Mary M. Lisi
Mary M. Lisi
Senior United States District Judge
March 25, 2016