Opinion
NO. 4:12-CV-249
07-16-2012
STANLEY WAYNE STEPHENS, AKA STANLEY J. STEVENS, Petitioner, v. STATE OF TEXAS, Defendant.
ORDER
Petitioner, Stanley Wayne Stephens, a/k/a Stanley J. Stevens, filed the instant petition for writ of mandamus on April 24, 2012, naming as respondent the State of Texas. The court dismissed the petition on April 27, 2012, for failure of petitioner to pay a monetary sanction ordered in the case of Stevens v. Fort Worth Police Department, Civil Case No. 4:01-CV-136-Y. Petitioner filed two motions for leave to proceed in forma pauperis on appeal, which the court referred to the United States Magistrate Judge for consideration. The magistrate judge issued his findings and conclusions and a recommendation that the motions be denied. The magistrate judge gave petitioner until July 9, 2012, to file his objections.
Petitioner on June 28, 2012, filed his objections to the magistrate judge's findings, conclusions, and recommendation. In accordance with 28 U.S.C. § 636(b)(1) and Rule 72 of the Federal Rules of Civil Procedure, the court makes a de novo determination of the magistrate judge's order to which specific objection is made. United States v. Raddatz, 447 U.S. 667, 673-75 (1980). The court's review finds that the petitioner's objections are without merit. The court therefore overrules petitioner's objections and accepts the magistrate judge's recommendation to deny petitioner's motions to proceed in forma pauperis on appeal.
Therefore,
The court ORDERS that petitioner's objections be, and are hereby, overruled.
The court further ORDERS that petitioner's motions to proceed in forma pauperis on appeal be,and are hereby, denied.
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JOHN McBRYDE
United States District Judge