Cardenas v. 293rd Texas Judicial District in Crystal City, TX

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 16 Report and Recommendations and DISMISSES WITH PREJUDICE the Plaintiff's complaint, (ECF No. 9.). IT ISORDERED that the Clerk shall accept no further filings of any kind from the Plaintiff, Ramiro Cardenas, without prior, written permission from a United States District Judge or a United States Magistrate Judge.Judgment is rendered accordingly.. Signed by Chief Judge Alia Moses. (am3)

FILED
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
DEL RIO DIVISION

NOV

?fl?3

CLERK, US. DISTRICT COURT

WESTERN
BY

RAMIRO CARDENAS,
Plaintiff,

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DIICT OF TEXAS

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§

v.

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Civil No. DR-22-CV-002 1-AM

§

293

JUDICIAL DISTRICT COURT,
CRYSTAL CITY, TEXAS,
Defendant.

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1) 1 t3I

Before the Court is the Report and Recommendation of the Honorable Matthew Watters,
United States Magistrate Judge. (ECF No. 16.) Pursuant to 28 U.S.C.

§

636, the Court referred

all pretrial matters in this case to Judge Watters. As part of that referral, Judge Watters now

recommends that the Plaintiff's complaint, (ECF No. 9), be dismissed with prejudice and the

Plaintiff be barred from further filing in the Western District of Texas without obtaining prior
approval from a District Judge of this District. (ECF No. 16.) No objections to the Report and

Recommendations have been filed. Accordingly, and upon review, the Report and
Recommendation is ADOPTED.
I.

BACKGROUND

The Plaintiff, Ramiro Cardenas, also known as "Crazy Horse," of Crystal City, Zavala

County, Texas, filed multiple documents in this Court purporting to bring claims against the 293rd
Texas Judicial District Court. (First Appl. to Proceed in Forma Pauperis, ECF No. 1; Second Appl.
to Proceed in Forma Pauperis, ECF No. 5; Suppl. to Mot., ECF No. 6; Preface and Exs., ECF No.
7; Compi., ECF No. 9; Advisory to the Ct., ECF No. 12.) The Plaintiff's filings mainly consist of

generally incoherent statements in barely legible handwriting, containing letters to various

individuals and entities, including the Chairman of the National Republican Congressional

Committee, Director of the Zavala County Appraisal District, President Biden, and "All Judges
with US Judicial Authority in State of Texas." (Compi. at 9, 14, 18; Compi., Attach. 9-1, at 1, 15.)
After a plethora of various suits brought by the Plaintiff, the Court issued an order where it gave
the Plaintiff notice that his "continued abuse of the privilege of leave to proceed IFP.

. .

may result

in the imposition of sanctions including, but not limited to, monetary fines, withdrawal or denial

of IFP status, and filing restrictions." (Civil Action No. 2:16-CV-183-AM, Order Granting Leave,
ECF No. 26 at 9-10). After the dismissal, the Plaintiff proceeded to file twenty-three (23) writings
to the Court, again consisting of hundreds of pages of handwritten, incoherent statements. (See

generally ECF Nos. 30-53.) Therefore, the pending suit marks at least the sixth attempt by the

Plaintiff to file a federal lawsuit and his sixth request for leave to proceed IFP. On June 27, 2023,
Judge Watters ordered the Plaintiff to show cause in writing as to why his Complaint should not
be dismissed as frivolous and he should not be barred from future filings in this District without

prior approval within 21 days of the Order. (Order to Show Cause, ECF No. 13.) That deadline
expired without response from the Plaintiff.
II.

ANALYSIS

At present, no party has filed objections to Judge Watters' Report and Recommendation.
Thus, the Court need not conduct a de novo review of the pending matter. Rather, the Court need
only determine whether the Report and Recommendation is erroneous or clearly contrary to law.

Douglas

v.

United Servs. Automobile Ass 'n., 79 F.3d 1415, 1429 (5th Cir. 1996). The Court has

examined Judge Watters' Report and Recommendation and is of the opinion that its findings and
conclusions are neither erroneous nor clearly contrary to law.

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III.

CONCLUSION

Finding no error, the Court ADOPTS Judge Watters' Report and Recommendation, (ECF
No. 16), and DISMISSES WITH PREJUDICE the Plaintiff's complaint, (ECF No. 9.). IT IS

ORDERED that the Clerk shall accept no further filings of any kind from the Plaintiff, Ramiro
Cardenas, without prior, written permission from a United States District Judge or a United States

Magistrate Judge.
Judgment is rendered accordingly.
SIGNED and ENTERED on this 13th day of November 2023.

ALIA MOSES
Chief United States District Judge

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