Knoeppel v. Livingston et al

Filing 22

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION re: 18 Memorandum and Recommendations, Denying 17 MOTION/APPLICATION to Proceed In Forma Pauperis, Denying as moot 2 MOTION/APPLICATION to Proceed In Forma Pauperis.(Signed by Judge Janis Graham Jack) Parties notified.(srussell, )

Knoeppel v. Thaler, et al DO NOT DOCKET. CASE HAS BEEN TRANSFERRED OUT.

Doc. 22

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION TIMOTHY KNOEPPEL, Petitioner, VS. RICK THALER, et al, Respondents. § § § § § § § §

CIVIL ACTION NO. C-09-295

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION TO DENY PETITIONER'S MOTION TO PROCEED IN FORMA PAUPERIS On December 11, 2009, United States Magistrate Judge Brian L. Owsley signed a Memorandum and Recommendation recommending that petitioner be found not indigent and that his application to proceed in forma pauperis, (D.E. 17), be denied. The Memorandum and Recommendation further recommended that a previous application to proceed in forma pauperis, (D.E. 2), filed in conjunction with his civil rights complaint be denied as moot. The Memorandum and Recommendation recommended additionally that petitioner be instructed to pay the filing fee within twenty (20) days of the date of entry of any order adopting the memorandum and recommendation, or voluntarily dismiss the petition; and further, that petitioner be advised that failure to pay the filing fee within the time proscribed may result in dismissal of his petition for failure to prosecute. Seeing no objection to this recommendation by either party, having now reviewed the recommendation, and noting that on December 21, 2009, petitioner paid the required filing fee, the Court hereby adopts as its own the Memorandum and Recommendation as the decision of the Court. not indigent and it is Accordingly, the Court finds that petitioner is

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ORDERED that petitioner's application to proceed in forma pauperis, (D.E. 17), is denied. Petitioner's previous application to proceed in forma pauperis, (D.E. 2), filed in conjunction with his civil rights complaint is denied as moot. The clerk shall enter this order and provide a copy to all parties.

SIGNED and ORDERED this 22nd day of December, 2009.

___________________________________ Janis Graham Jack United States District Judge

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