Soniat v. Department of Housing and Urban Development et al

Filing 111

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 106 Report and Recommendations. Therefore, the Court hereby adopts the findings and conclusions of the Magistrate Judge (Dkt. #106) as the findings and conclusions of this Court. It is, therefore, ORDERED that Plaintiff's Motion to Proceed In Forma Pauperis for Appeal (Dkt. 97 ) is DENIED. Signed by Judge Amos L. Mazzant, III on 2/28/2017. (baf, )

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United States District Court EASTERN DISTRICT OF TEXAS DIVISION SHERMAN DIVISION SHELLEY SONIAT, Plaintiff, v. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, ET AL., Defendants. § § § § § § § § § § CIVIL ACTION NO. 4:16CV337 JUDGE MAZZANT/JUDGE JOHNSON MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE Came on consideration the Report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636. On February 10, 2017, the Report of the Magistrate Judge (Dkt. #106) was entered containing proposed findings of fact and recommendations that pro se Plaintiff Shelley Soniat’s Motion to Proceed In Forma Pauperis for Appeal (Dkt. #97) should be denied. Plaintiff timely filed Objections on February 21, 2017 (Dkt. #108). In her objections, Plaintiff relays similar issues of gender bias that were previously raised in her former appeal. She argues the current appeal regards gender bias in the courtroom, and that her allegations are not an improper collateral attack on the previous judgment. See Dkt. #108 at 7. However, she continues to discuss the alleged gender bias she experienced that was already addressed in a previous appeal. See id. at 8. Plaintiff has not identified any non-frivolous issues for appeal in her objections; thus, her motion to appeal in forma pauperis should be denied. . Therefore, the Court hereby adopts the findings and conclusions of the Magistrate Judge (Dkt. #106) as the findings and conclusions of this Court. It is, therefore, ORDERED that Plaintiff’s Motion to Proceed In Forma Pauperis for Appeal (Dkt. #97) is DENIED. IT IS SO ORDERED. SIGNED this 28th day of February, 2017. ___________________________________ AMOS L. MAZZANT UNITED STATES DISTRICT JUDGE 2

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