Ray v. Columbia Brazoria Independent School District

Filing 78

MEMORANDUM AND ORDER granting in part and denying in part 76 MOTION/APPLICATION to Proceed In Forma Pauperis. The Motion is DENIED AS MOOT with respect to the already-paid filing fee. The Motion for the Court to refund monies already paid by counsel of record is DENIED, as Plaintiff has identified no legal authority for such a reimbursement. Thus, the Motion is DENIED with respect to the request for appointment of counsel. (Signed by Judge Keith P Ellison) Parties notified. (jm4)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
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Plaintiff,
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VS.
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COLUMBIA BRAZORIA INDEPENDENT §
§ SCHOOL DISTRICT, et al,
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Defendants.

June 05, 2024
Nathan Ochsner, Clerk

ANNIE RAY,

CIVIL ACTION NO. 4:23-cv-00145

MEMORANDUM AND ORDER
Pending before the Court is Plaintiff’s Motion to Proceed in Forma Pauperis. ECF No. 76.
The Motion is GRANTED IN PART and DENIED IN PART. The docket shows that the
appellate filing fee was paid in full on May 18, 2024. The Motion is DENIED AS MOOT with
respect to the already-paid filing fee.
It is unclear from Plaintiff’s filings whether the court reporter fees have yet been paid. To
the extent that the court reporter fees have not been paid, Plaintiff’s Motion is GRANTED for the
limited purpose of obtaining funds to pay any unpaid court reporter fees.
Plaintiff also asks that, “if this application [to proceed in forma pauperis] is approved, that
her counsel, Veronica L. Davis be refunded the monies that she paid on [plaintiff-appellant’s]
behalf.” Id. ¶ 9. The Motion for the Court to refund monies already paid by counsel of record is
DENIED, as Plaintiff has identified no legal authority for such a reimbursement. 1
Finally, Plaintiff implores the Court to “appoint someone to prepare the appeal in this
cause.” Id. ¶ 10. However, Plaintiff-appellant’s counsel of record, Veronica L. Davis, filed the
notice of appeal in this case and filed a Notice of Form for Appearance in the appeal. See Ray v.
The Fifth Circuit similarly denied this reimbursement request. See Ray v. Columbia Brazoria Independent School
District, Appeal No. 24-20227 (5th Cir.), ECF No. 10-4.
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Columbia Brazoria Independent School District, Appeal No. 24-20227 (5th Cir.). Consequently,
plaintiff-appellant is currently represented by counsel of record on appeal. Moreover, the Court
has no funds for the appointment of counsel in a civil case. Nor is there an automatic constitutional
right to appointment of counsel in civil cases. See Baranowski v. Hart, 485 F.3d 112, 126 (5th Cir.
2007). Thus, the Motion is DENIED with respect to the request for appointment of counsel.
IT IS SO ORDERED.
Signed at Houston, Texas on June 5, 2024.
_______________________________
Keith P. Ellison
United States District Judge

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