Wallace-Johnson v. State of Texas Department of Public Safety
Filing
8
Order Accepting Findings and Recommendations re: 6 Findings and Recommendations on Motion re: 3 Motion for Leave to Proceed in forma pauperis filed by Armetta R Wallace-Johnson. It is ORDERED that the Findings, Conclusions, and Recommendat ion of the United States Magistrate Judge are accepted as the findings of the Court. Defendants Motion for Leave to Proceed In Forma Pauperis (ECF No. 3) is hereby DENIED. Plaintiffs complaint will be subject to dismissal without further notice under Federal Rule of Civil Procedure 41(b) unless she pays to the Clerk of Court the filing and administrative fees within seven (7) days after this order. Magistrate Judge Jeffrey L Cureton no longer assigned to case. (Ordered by Judge Reed C O'Connor on 10/10/2014) (ewd)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
ARMETTA R. WALLACEJOHNSON,
Plaintiff,
v.
STATE OF TEXAS DEPARTMENT
OF PUBLIC SAFETY,
Defendant.
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Civil Action No. 4:14-cv-753-O
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
The United States Magistrate Judge made findings, conclusions, and a recommendation in
this case. See ECF No. 6. The Magistrate Judge recommended that Plaintiff’s Motion for Leave to
Proceed In Forma Pauperis (ECF No. 3) should be denied because her disability income alone placed
her above the poverty line. Plaintiff filed an objection raising concerns about the Court not
considering her monthly expenses and about mistakes she made on the IFP form regarding her
reported income. See Pl.’s Objection, ECF No. 7. The Court has conducted a de novo review of
those portions of the proposed findings and recommendation to which an objection was made.
Plaintiff is obligated to present all pertinent information before the Magistrate Judge in the
initial request. However, considering Plaintiff’s disability income alone versus all of Plaintiff’s
reported monthly expenses, the Court finds that Plaintiff has sufficient resources to pay the filing fee.
Therefore, the Court OVERRULES Plaintiff’s objections and ACCEPTS the Findings,
Conclusions, and Recommendation of the United States Magistrate Judge.
Accordingly, it is ORDERED that the Findings, Conclusions, and Recommendation of the
United States Magistrate Judge are accepted as the findings of the Court. Defendant’s Motion for
Leave to Proceed In Forma Pauperis (ECF No. 3) is hereby DENIED. Plaintiff’s complaint will be
subject to dismissal without further notice under Federal Rule of Civil Procedure 41(b) unless she
pays to the Clerk of Court the filing and administrative fees within seven (7) days after this order.
SO ORDERED on this 10th day of October, 2014.
_____________________________________
Reed O’Connor
UNITED STATES DISTRICT JUDGE
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