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Newsome v. Stephens

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS AMARILLO DIVISION
Nov 20, 2015
2:10-CV-0242 (N.D. Tex. Nov. 20, 2015)

Opinion

2:10-CV-0242

11-20-2015

EDWARD ROY NEWSOME, Petitioner, v. WILLIAM STEPHENS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent.


ORDER OVERRULING OBJECTIONS , ADOPTING REPORT AND RECOMMENDATION and DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS ON APPEAL

Petitioner is seeking leave to proceed in forma pauperis on appeal. On November 2, 2015, the United States Magistrate Judge entered a Report and Recommendation finding that if petitioner is appealing this Court's Judgment, the appeal is frivolous and in bad faith, and if petitioner is attempting to challenge a previous ruling of the United States Court of Appeals by this appeal, this Court is without jurisdiction. The Magistrate Judge recommends that petitioner's application to proceed in forma pauperis on appeal be denied. On November 10, 2015, petitioner filed "objections" to the Magistrate Judge's Report and Recommendation which note numerous procedural issues, but appears to object to the findings and recommendation only on the basis that the Magistrate Judge abused his discretion in making such findings..

Having made an independent examination of the record in this case, the undersigned United States District Judge hereby OVERRULES petitioner's objections, and ADOPTS the Magistrate Judge's Report and Recommendation. Accordingly, petitioner's application to proceed in forma pauperis on appeal is DENIED.

IT IS SO ORDERED.

ENTERED this 20th day of November 2015.

/s/_________

MARY LOU ROBINSON

UNITED STATES DISTRICT JUDGE


Summaries of

Newsome v. Stephens

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS AMARILLO DIVISION
Nov 20, 2015
2:10-CV-0242 (N.D. Tex. Nov. 20, 2015)
Case details for

Newsome v. Stephens

Case Details

Full title:EDWARD ROY NEWSOME, Petitioner, v. WILLIAM STEPHENS, Director, Texas…

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS AMARILLO DIVISION

Date published: Nov 20, 2015

Citations

2:10-CV-0242 (N.D. Tex. Nov. 20, 2015)