Holmes v. Stephens

Filing 7

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE's REPORT AND RECOMMENDATION that the petitioner's motion for leave to proceed in forma pauperis be denied. Petitioner shall pay the $5 filing fee within 30 days of this Memorandum Order. Signed by Judge Marcia A. Crone on 5/7/15. (mrp, )

UNITED STATES DISTRICT COURT

KEVIN SCOTT HOLMES,
Petitioner,
versus
DIRECTOR, TDCJ-CID,
Respondent.

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 1:15-CV-95

MEMORANDUM ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Petitioner Kevin Scott Holmes, a prisoner confined at the Beto Unit of the Texas
Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this
petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.
The court ordered that this matter be referred to the Honorable Zack Hawthorn, United
States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and
orders of this court. The magistrate judge recommends denying petitioner’s motion for leave to
proceed in forma pauperis.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such order, along with the record, pleadings and all available
evidence. No objections to the Report and Recommendation of United States Magistrate Judge
were filed by the parties.
ORDER
Accordingly, the findings of fact and conclusions of law of the magistrate judge are
correct, and the report of the magistrate judge (#3) is ADOPTED. Petitioner’s motion for leave

to proceed in forma pauperis (#2) is DENIED. Petitioner shall pay the $5 filing fee within thirty
days of this .Memorandum Order.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 7th day of May, 2015.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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