Williams v. Director, TDCJ-CID, No. 6:2006cv00230 - Document 84 (E.D. Tex. 2012)
Court Description: MEMORANDUM OPINION AND ORDER denying 83 MOTION for Leave to Appeal in forma pauperis filed by Glen Earl Williams. All future motions should be filed with the Clerk of the United States Court of Appeals for the Fifth Circuit. Signed by Judge Michael H. Schneider on 9/27/12. (mjc, )
Download PDF
<![CDATA[
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION GLENN EARL WILLIAMS, #1069367 § VS. § DIRECTOR, TDCJ-CID § CIVIL ACTION NO. 6:06cv230 MEMORANDUM OPINION AND ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL Came on for consideration, the Petitioner s motion to proceed in forma pauperis on appeal (docket entry #83). On March 27, 2012, the assigned Magistrate Judge filed a Report and Recommendation (R&R) that Petitioner s petition be dismissed with prejudice (docket entry #72). The Petitioner then filed objections (docket entry #76) to the Magistrate Judge s R&R. His objections largely restated his original arguments and incorporated by reference his response in opposition he filed against the Director s answer. On a de novo review, the Court overruled Petitioner s objections, adopted the R&R, denied all relief and dismissed Petitioner s habeas petition with final judgment entered on May 10, 2012. The Court denied a certificate of appealability ( COA ) at the same time. For the reasons stated in the Report and Recommendation and the Order of Dismissal adopting the Report and Recommendation and dismissing Petitioner s habeas petition, Petitioner does not have a good faith non-frivolous issue for appeal as required for leave to proceed in forma pauperis. See 28 U.S.C. § 1915(a)(3); Fed. R. App. P. 24(a)(3)(A); Baugh v. Taylor, 117 F.3d 197, 202 n.21 (5th Cir. 1997) (To comply with Rule 24 and to inform the Court of Appeals of the reasons for its certification, a district court may incorporate by reference its order dismissing an appellant s claims (in the context of a civil rights action pursuant to 42 U.S.C. § 1983)). Furthermore, because the Petitioner has not shown that he is entitled to a certificate of appealability, he also has not shown 1 that he is entitled to proceed in forma pauperis on appeal. United States v. Delario, 120 F.3d 580, 582-83 (5th Cir. 1997). In addition, Petitioner did not proceed in forma pauperis in the District . Court. Therefore, Petitioner is denied leave to proceed in forma pauperis on appeal. It is accordingly ORDERED that the motion to proceed in forma pauperis on appeal (docket entry #83) is DENIED. All future motions should be filed with the Clerk of the United States Court of Appeals for the Fifth Circuit. It is SO ORDERED. SIGNED this 27th day of September, 2012. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
