Opinion
Civil Action 3:23-CV-0054-X-BT
03-22-2023
JACOB EARL MURPHY, Plaintiff, v. DIRECTOR, TDCJ-CID, Defendant.
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
BRANTLEY STARR, UNITED STATES DISTRICT JUDGE
The United States Magistrate Judge made findings, conclusions, and a recommendation in this case. [Doc. 10]. The Magistrate Judge concluded that Jacob Murphy's application to proceed in forma pauperis should be denied because Murphy had sufficient funds in his inmate trust account to afford the $5.00 filing fee and that his complaint should be dismissed without prejudice for failure to pay the filing fee. Murphy filed three documents purporting to respond to that recommendation. [Doc. 13, 14, 15]. Murphy asserts two primary responses.
First, he appears to order his own release from custody. That's not how it works. Second, he says that he has a security account valued at $31,300,000,000.
See, e.g., Doc. 13 at 5 (ordering that the “Director-TDCJ is to be incarcerated until the [] responsible Board Member can obey our courts [sic] order to release him pending his recently filed habeas petition”). Even if this is merely a proposed order or a quote from another case, it's still irrelevant to the instant motion.
Assuming, arguendo, that that's true, Murphy's purported prosperity supports the Magistrate Judge's conclusion that he has enough money to pay the filing fee.
Accordingly, the Court reviewed de novo those portions of the proposed findings, conclusions, and recommendation to which objection was made, and reviewed the remaining proposed findings, conclusions, and recommendation for plain error. Finding none, the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge [Doc. 10] and DENIES Murphy's motion for leave to proceed in forma pauperis [Doc. 7]. The Court DISMISSES WITHOUT PREJUDICE Jacob Murphy's complaint for failure to pay the filing fee.
IT IS SO ORDERED.