Narramore v. Director, TDCJ-CID
Filing
46
MEMORANDUM OPINION and ORDER denying motion to proceed in forma pauperis on appeal (docket entry #41). Signed by Judge Rodney Gilstrap on 6/13/12. (ehs, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
GREGORY SCOTT NARRAMORE
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VS.
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DIRECTOR, TDCJ-CID
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CIVIL ACTION NO. 2:09cv63
MEMORANDUM OPINION AND ORDER
DENYING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL
Came on for consideration, the Petitioner’s motion to proceed in forma pauperis on appeal
(docket entry #41). Petitioner did not proceed in forma pauperis in the District Court.
On February 8, 2012, the assigned Magistrate Judge filed a Report and Recommendation
(R&R) that Petitioner’s petition be dismissed with prejudice (docket entry #31). The Petitioner then
filed objections (docket entry #36) to the Magistrate Judge’s R&R. His objections largely restated
his original arguments with some clarification and expansion of some of his grounds for relief.
However, on a de novo review, the Court overruled Petitioner’s objections, adopted the R&R,
denied all relief and dismissed Petitioner’s habeas petition with final judgment entered on March 27,
2012. The Court denied a certificate of appealability (“COA”) at the same time.
For the reasons stated in the Report and Recommendation and the Order Adopting Report
and Recommendation and dismissing Petitioner’s habeas petition, Petitioner does not have a “good
faith” non-frivolous issue for appeal as required for leave to proceed in forma pauperis. See 28
U.S.C. § 1915(a)(3); Fed. R. App. P. 24(a)(3)(A). Additionally, as noted above, Petitioner did not
proceed in forma pauperis in the District Court. See Fed. R. App. P. 24(a)(3). Furthermore, because
the Petitioner has not shown that he is entitled to a certificate of appealability, he also has not shown
that he is entitled to proceed in forma pauperis on appeal. United States v. Delario, 120 F.3d 580,
582-83 (5th Cir. 1997). Therefore, Petitioner is denied leave to proceed in forma pauperis on appeal.
It is accordingly
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ORDERED that the motion to proceed in forma pauperis on appeal (docket entry #41) is
DENIED. All future motions should be filed with the Clerk of the United States Court of Appeals
for the Fifth Circuit.
SIGNED this 19th day of December, 2011.
So ORDERED and SIGNED this 13th day of June, 2012.
____________________________________
RODNEY GILSTRAP
UNITED STATES DISTRICT JUDGE
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