Gonzalez v. Herrman et al

Filing 87

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 83 Memorandum and Recommendations, DENYING 74 MOTION for Leave to Appeal in forma pauperis. (Signed by Judge David S Morales) Parties notified. (aar2)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
PRISCILLA GONZALEZ,
Plaintiff,
V.

GREGORY HAMPTON HERRMAN, et al.,
Defendants.

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November 26, 2024
Nathan Ochsner, Clerk

CIVIL ACTION NO. 2:22-CV-00282

ORDER ADOPTING MEMORANDUM & RECOMMENDATION
Before the Court is Magistrate Judge Mitchel Neurock's Memorandum and
Recommendation ("M&R"). (D.E. 83). The M&R recommends that the Court deny Plaintiffs
application to proceed in forma pauper is on appeal, (D .E. 74), and certify that Plaintiffs appeal is
not taken in good faith.
The parties were provided proper notice of, and the opportunity to object to, the Magistrate
Judge's M&R. See 28 U.S.C. § 636(b)(l); FED. R. Crv. P. 72(b); General Order No. 2002-13. No
objection has been filed. When no timely objection has been filed, the district court need only
determine whether the Magistrate Judge's M&R is clearly erroneous or contrary to law. United

States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989) (per curiam); Powell v. Litton Loan
Servicing, L.P., No. 4:14-CV-02700, 2015 WL 3823141, at *1 (S.D. Tex. June 18, 2015) (Harmon,
J.) (citation omitted).
Having reviewed the proposed findings and conclusions of the Magistrate Judge, the filings
of the parties, the record, and the applicable law, and finding that the M&R is not clearly erroneous
or contrary to law, the Court ADOPTS the M&R in its entirety. (D.E. 83). Accordingly, the Court

DENIES Plaintiffs motion to proceed informa pauperis and CERTIFIES that Plaintiffs appeal
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is not taken in good faith because it presents no non-frivolous issue. (D.E. 74). In so holding, the
Court incorporates by reference its order granting summary judgment. (D.E. 40); Baugh v. Taylor,
117 F.3d 197, 202 (5th Cir. 1997).
SO ORDERED.

DA:
. MORALES
UNITED STATES DISTRICT JUDGE

Dated: Corpus Christi, Texas
November 2~
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