Wallace-Johnson v. State of Texas Department of Public Safety, No. 4:2014cv00753 - Document 8 (N.D. Tex. 2014)
Court Description: Order Accepting Findings and Recommendations re: 6 Findings and Recommendations on Motion re: 3 Motion for Leave to Proceed in forma pauperis filed by Armetta R Wallace-Johnson. It is ORDERED that the Findings, Conclusions, and Recommendat ion of the United States Magistrate Judge are accepted as the findings of the Court. Defendants Motion for Leave to Proceed In Forma Pauperis (ECF No. 3) is hereby DENIED. Plaintiffs complaint will be subject to dismissal without further notice under Federal Rule of Civil Procedure 41(b) unless she pays to the Clerk of Court the filing and administrative fees within seven (7) days after this order. Magistrate Judge Jeffrey L Cureton no longer assigned to case. (Ordered by Judge Reed C O'Connor on 10/10/2014) (ewd)
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Wallace-Johnson v. State of Texas Department of Public Safety Doc. 8 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION ARMETTA R. WALLACEJOHNSON, Plaintiff, v. STATE OF TEXAS DEPARTMENT OF PUBLIC SAFETY, Defendant. § § § § § § § § § § § § § Civil Action No. 4:14-cv-753-O ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE The United States Magistrate Judge made findings, conclusions, and a recommendation in this case. See ECF No. 6. The Magistrate Judge recommended that Plaintiff’s Motion for Leave to Proceed In Forma Pauperis (ECF No. 3) should be denied because her disability income alone placed her above the poverty line. Plaintiff filed an objection raising concerns about the Court not considering her monthly expenses and about mistakes she made on the IFP form regarding her reported income. See Pl.’s Objection, ECF No. 7. The Court has conducted a de novo review of those portions of the proposed findings and recommendation to which an objection was made. Plaintiff is obligated to present all pertinent information before the Magistrate Judge in the initial request. However, considering Plaintiff’s disability income alone versus all of Plaintiff’s reported monthly expenses, the Court finds that Plaintiff has sufficient resources to pay the filing fee. Therefore, the Court OVERRULES Plaintiff’s objections and ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge. Dockets.Justia.com Accordingly, it is ORDERED that the Findings, Conclusions, and Recommendation of the United States Magistrate Judge are accepted as the findings of the Court. Defendant’s Motion for Leave to Proceed In Forma Pauperis (ECF No. 3) is hereby DENIED. Plaintiff’s complaint will be subject to dismissal without further notice under Federal Rule of Civil Procedure 41(b) unless she pays to the Clerk of Court the filing and administrative fees within seven (7) days after this order. SO ORDERED on this 10th day of October, 2014. _____________________________________ Reed O’Connor UNITED STATES DISTRICT JUDGE 2
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