Ruiz v. Mercado et al
ORDER ADOPTING REPORT AND RECOMMENDATION re: 28 Report and Recommendations ; denying 26 MOTION/APPLICATION to Proceed In Forma Pauperis. (Signed by Judge Randy Crane) Parties notified.(jengonzalez, 7)
United States District Court
Southern District of Texas
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
STEVEN A. MERCADO, et al,
March 09, 2017
David J. Bradley, Clerk
§ CIVIL ACTION NO. 7:14-CV-921
ORDER ADOPTING REPORT AND RECOMMENDATION
Pending before the Court is Plaintiff’s motion for leave to proceed in forma pauperis
(“IFP) on appeal from the Court’s dismissal of his claims pursuant to 42 U.S.C § 1983. On
September 28, 2016, the Magistrate Court issued the Report and Recommendation,
recommending that Plaintiff’s motion for leave to proceed IFP on appeal be denied and the Court
certify that the appeal is not taken in good faith. The time for filing objections has passed, and
no objections have been filed.
Pursuant to Federal Rule of Civil Procedure 72(b), the Court has reviewed the Report and
Recommendation for clear error.1
Finding no clear error, the Court adopts the Report and
Recommendation in its entirety. Accordingly, Plaintiff’s motion for leave to proceed IFP on
appeal (Dkt. Entry No. 26) DENIED, and the court further CERTIFIES that the appeal is not
taken in good faith.
As noted by the Fifth Circuit, A[t]he advisory committee=s note to Rule 72(b) states that, >[w]hen no timely
objection is filed, the [district] court need only satisfy itself that there is no clear error on the face of the record in
order to accept the recommendation.=@ Douglas v. United Services Auto. Ass=n, 79 F.3d 1415, 1420 (5th Cir.
1996)(quoting Fed. R. Civ. P.72(b) advisory committee=s note (1983)) superceded by statute on other grounds by 28
U.S.C. ' 636(b)(1), as stated in ACS Recovery Servs., Inc v. Griffin, No. 11-40446, 2012 WL 1071216, at *7 n.5
(5th Cir. April 2, 2012).
SO ORDERED this 8th day of March, 2017, at McAllen, Texas.
United States District Judge
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