Mireles v. Williams

Filing 40

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 34 MOTION for Leave to Appeal in forma pauperis-DENIED. (Signed by Judge Randy Crane) Parties notified.(BelindaSaenz, 7)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
MCALLEN DIVISION
GUSTAVO LOPEZ MIRELES
Petitioner
VS.
LORIE DAVIS, DIRECTOR,
TEXAS DPEARMENT OF CRIMINAL
JUSTICE, CORRECTIONAL
INSTITUTIONS DIVISONS
Respondent

October 19, 2017
David J. Bradley, Clerk

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§ CIVIL ACTION NO. 7:15-CV-255
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ORDER ADOPTING REPORT AND RECOMMENDATION
Pending before the Court is Petitioner’s motion for leave to proceed in forma pauperis
(“IFP) on appeal from the Court’s dismissal of his claims pursuant to 28 U.S.C. 2254 (D.E. No.
34). On August 24, 2017, the Magistrate Court issued the Report and Recommendation,
recommending that Petitioner’s motion for leave to proceed IFP on appeal be denied because
Petitioner’s notice of appeal is untimely under Rule 4(a) of the Federal Rules of Appellate
Procedure—no matter how the notice of appeal is construed under Rule 4(a), and Petitioner fails
to meet the requirements for any other avenue provided under Rule 4(a). Also pending before
the Court are Petitioner’s objections to the Report and Recommendation.
Pursuant to Federal Rule of Civil Procedure 72(b), the Court has conducted a de novo
review of the Report and Recommendation. Finding no clearly erroneous error, the Court adopts
the Report and Recommendation in its entirety. Accordingly, Defendant’s motion for leave to
proceed IFP on appeal (D.E. No. 34) is DENIED.

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SO ORDERED this 18th day of October, 2017, at McAllen, Texas.
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Randy Crane
United States District Judge

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