Waddleton v. Jackson et al

Filing 138

ORDER denying 136 Motion for Leave to Appeal in forma pauperis.(Signed by Judge Nelva Gonzales Ramos) Parties notified. Copy of this Order mailed to Inmate Trust Fund and TDCJ - Office of the Attorney General. (lcayce, 2)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
MARVIN WADDLETON III,
Plaintiff,
VS.
NORRIS JACKSON, et al,
Defendants.

January 19, 2016
David J. Bradley, Clerk

§
§
§
§ CIVIL ACTION NO. 2:10-CV-267
§
§
§
§

ORDER DENYING PLAINTIFF’S APPLICATION
TO PROCEED IN FORMA PAUPERIS ON APPEAL
Pending is Plaintiff’s Application to Proceed In Forma Pauperis on Appeal. (D.E.
136). By Order and Final Judgment entered October 24, 2012, this Court dismissed with
prejudice Plaintiff’s § 1983 claims challenging strip and visual cavity searches conducted
by defendant prison officials. (D.E. 104, 105). On January 22, 2014, by judgment issued
as mandate, the Fifth Circuit affirmed the dismissal with prejudice of Plaintiff’s Fourth
Amendment claims. (D.E. 123, 124). On June 9, 2014, the United States Supreme Court
denied Plaintiff’s petition for a writ of certiorari. (D.E. 126). Despite Final Judgment
being entered over three years ago and Plaintiff having exhausted his appeals, Plaintiff
persists in filing frivolous post-trial motions.1
The Court has considered Plaintiff’s Application to Proceed In Forma Pauperis on
Appeal (D.E. 136) and finds that it is without merit and should be denied. Therefore,
Plaintiff’s Application to Proceed In Forma Pauperis on Appeal (D.E. 136) is DENIED
1

Motion to File Criminal Complaint (D.E. 127); Motion for Leave of Court (for discovery and a jury trial) (D.E.
129); Motion to Object to Magistrate Denial (D.E. 131).

1/3

as this Court certifies pursuant to 28 U.S.C. § 1915(a)(3) and Fed. R. App. P. 24(a)(3)
that the appeal is not filed in good faith.
Although this Court certifies that the appeal is not taken in good faith, Plaintiff
may challenge this finding by filing a separate motion to proceed in forma pauperis on
appeal with the Clerk of Court, U.S. Court of Appeals for the Fifth Circuit, within thirty
(30) days of this Order. FED. R. APP. P. 24(a)(5). The cost to file a motion to proceed in
forma pauperis on appeal with the Fifth Circuit is calculated below, and if Plaintiff
moves to proceed on appeal in forma pauperis, the prison authorities will be directed to
collect the fees as calculated in this Order.
Plaintiff shall pay $505.00 for the appellate filing fee in monthly installments to
the United States District Court as provided in 28 U.S.C. ' 1915(b)(1). The Texas
Department of Criminal Justice–Correctional Institutions Division shall deduct 20% of
each deposit made to Plaintiff=s inmate trust account and forward payments to the United
States District Court on a regular basis provided that the account exceeds $10.00.
Plaintiff shall sign all consents and other documents required by the agency having
custody of Plaintiff to authorize the necessary withdrawal from Plaintiff=s inmate trust
account.
If Plaintiff moves to proceed on appeal in forma pauperis, the clerk shall mail a
copy of this Order to the Inmate Trust Fund, P.O. Box 629, Huntsville, Texas 773420629 and to TDCJ - Office of the General Counsel, P.O. Box 13084, Capitol Station,
Austin, Texas 78711.

2/3

ORDERED this 19th day of January, 2016.
___________________________________
NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE

3/3