Clay v. Ambriz, No. 2:2012cv00053 - Document 36 (S.D. Tex. 2012)
Court Description: ORDER ADOPTING MEMORANDUM AND RECOMMENDATION AND TO DENY PLAINTIFF'S MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL re: 28 MOTION for Leave to Appeal as to 19 Final Judgment, 33 Memorandum and Recommendations, 30 MOTION/APPLICATION to Proceed In Forma Pauperis (Signed by Judge Nelva Gonzales Ramos) Parties notified.(amireles, )
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Clay v. Ambriz Doc. 36 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION THOMAS H CLAY, Plaintiff, VS. A. AMBRIZ, et al, Defendants. § § § § CIVIL ACTION NO. C-12-53 § § § § ORDER ADOPTING MEMORANDUM AND RECOMMENDATION AND TO DENY PLAINTIFF’S MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL Pending before the Court is Plaintiff’s Application to Proceed In Forma Pauperis on Appeal (D.E. 28, 30). On May 21, 2012, United States Magistrate Judge Brian L. Owsley issued a Memorandum and Recommendation (D.E. 33), recommending that Plaintiff’s Motion be denied. Plaintiff timely filed his Objections (D.E. 34) on June 4, 2012. Plaintiff’s objections include multiple arguments that have already been addressed by this Court. D.E. 18. Those arguments will not be addressed again. The bulk of his current objections are further centered around the argument that, if his previous “strikes” survived their respective initial section 1915(g) screenings, they cannot possibly be frivolous or malicious nor could they state claims upon which relief cannot be granted. Plaintiff fails to appreciate the difference between a court’s assessment of a claim on its face versus the assessment that comes with additional evidence against the claimant. A court’s more generous view of a claim before evidence has been submitted does not 1/2 Dockets.Justia.com prevent the evidence from revealing a claim to be frivolous or otherwise violative of section 1915(g). Nothing about the initial screening inoculates Plaintiff against later findings commensurate with later substantive or procedural developments in the case. Having reviewed the findings of fact, conclusions of law, and recommendations set forth in the Magistrate Judge’s Memorandum and Recommendation, as well as Plaintiff’s Objections, and all other relevant documents in the record, and having made a de novo disposition of the portions of the Magistrate Judge’s Memorandum and Recommendation to which objections were specifically directed, the Court OVERRULES Plaintiff’s Objections and ADOPTS as its own the findings and conclusions of the Magistrate Judge. Accordingly, Plaintiffs Application to Proceed In Forma Pauperis on Appeal (D.E. 28, 30) is DENIED. ORDERED this 13th day of June, 2012. ___________________________________ NELVA GONZALES RAMOS UNITED STATES DISTRICT JUDGE 2/2
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