Medina v. Thaler

Filing 12

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 5 MOTION/APPLICATION to Proceed In Forma Pauperis is DENIED, 9 Memorandum and Recommendations. Petitioner is ordered to pay the filing fee within 20 days of the entry of this ORDER. If Petitioner fails to timely pay the filing fee, this action may be dismissed fro want of prosecution without further notice. (Signed by Judge Nelva Gonzales Ramos) Parties notified.(lsmith, )

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
PEPORRO PAPITO MEDINA,
Petitioner,
VS.
RICK THALER,
Respondent.

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§ CIVIL ACTION NO. C-12-251
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ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
TO DENY PETITIONER’S MOTION TO PROCEED IN FORMA PAUPERIS
On July 31, 2012, United States Magistrate Judge Brian L. Owsley issued his
“Memorandum and Recommendation to Deny Petitioner’s Motion to Proceed In Forma
Pauperis” (D.E. 9). The Petitioner was provided proper notice of, and opportunity to
object to, the Magistrate Judge’s Memorandum and Recommendation. FED. R. CIV. P.
72(b); 28 U.S.C. § 636(b)(1); General Order No. 2002-13. No objections have been filed.
When no timely objection to a magistrate judge’s memorandum and
recommendation is filed, the district court need only satisfy itself that there is no clear
error on the face of the record and accept the magistrate judge’s memorandum and
recommendation. Guillory v. PPG Industries, Inc., 434 F.3d 303, 308 (5th Cir. 2005)
(citing Douglass v. United Services Auto Ass’n, 79 F.3d 1415, 1420 (5th Cir. 1996)).
Having reviewed the findings of fact and conclusions of law set forth in the
Magistrate Judge’s Memorandum and Recommendation (D.E. 9), and all other relevant
documents in the record, and finding no clear error, the Court ADOPTS as its own the
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findings and conclusions of the Magistrate Judge.

Accordingly, the Petitioner’s

Application to Proceed In Forma Pauperis (D.E. 5) is DENIED.

Petitioner is

ORDERED to pay the filing fee within twenty (20) days of the entry of this Order. If
Petitioner fails to timely pay the filing fee, this action may be dismissed for want of
prosecution without further notice.
ORDERED this 20th day of August, 2012.

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NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE

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