Narramore v. Director, TDCJ-CID, No. 2:2009cv00063 - Document 46 (E.D. Tex. 2012)

Court Description: MEMORANDUM OPINION and ORDER denying motion to proceed in forma pauperis on appeal (docket entry #41). Signed by Judge Rodney Gilstrap on 6/13/12. (ehs, )

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION GREGORY SCOTT NARRAMORE § VS. § DIRECTOR, TDCJ-CID § CIVIL ACTION NO. 2:09cv63 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 #41). Petitioner did not proceed in forma pauperis in the District Court. On February 8, 2012, the assigned Magistrate Judge filed a Report and Recommendation (R&R) that Petitioner s petition be dismissed with prejudice (docket entry #31). The Petitioner then filed objections (docket entry #36) to the Magistrate Judge s R&R. His objections largely restated his original arguments with some clarification and expansion of some of his grounds for relief. However, 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 March 27, 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 Adopting 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). Additionally, as noted above, Petitioner did not proceed in forma pauperis in the District Court. See Fed. R. App. P. 24(a)(3). Furthermore, because the Petitioner has not shown that he is entitled to a certificate of appealability, he also has not shown that he is entitled to proceed in forma pauperis on appeal. United States v. Delario, 120 F.3d 580, 582-83 (5th Cir. 1997). Therefore, Petitioner is denied leave to proceed in forma pauperis on appeal. It is accordingly 1 ORDERED that the motion to proceed in forma pauperis on appeal (docket entry #41) is DENIED. All future motions should be filed with the Clerk of the United States Court of Appeals for the Fifth Circuit. SIGNED this 19th day of December, 2011. So ORDERED and SIGNED this 13th day of June, 2012. ____________________________________ RODNEY GILSTRAP 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.