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07-1945 - Spearman v. Fulbruge


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07-1945 - Spearman v. Fulbruge
November 26, 2007
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FINDINGS AND RECOMMENDATION of the United States Magistrate Judge on case: The undersigned Magistrate Judge RECOMMENDS that the Court DISMISS without prejudice the instant petition filed by petitioner. He may not re-file it without first obtaining judicial pre-approval for its filing by filing a proper motion for leave to file and showing that he has paid the previously imposed monetary sanctions $100.00 to the Fifth Circuit Court of Appeals and $100.00 to this Court. Judge Irma C Ramirez no longer assigned to case. (Signed by Judge Irma C Ramirez on 11/26/2007) (twd)
January 7, 2008
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ORDER ACCEPTING 5 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: By separate judgment, the Court formally dismisses this action. Petitioner may not re-file his petition for writ of mandamus without first obtaining pre-approval for its filing by filing a proper motion for leave to file and showing that he has paid the previously imposed monetary sanctions -$100.00 to the Fifth Circuit Court of Appeals and $100.00 to this Court. In the event that the Court receives any proposed filing from petitioner which violates the prior sanction orders discussed in the Findings, Conclusions, and Recommendation, and which is unaccompanied by the requisite motion for leave or proof of payment, the Court hereby DIRECTS the Clerk of Court to docket the proposed filing for administrative purposes only and immediately close the case after placing a copy of this order in the case file. The Court will not otherwise address or acknowledge submissions that are unaccompanied by a motion for leave or that do not show that the monetary sanctions have been paid. (Signed by Judge Jane J Boyle on 01/07/2008) (twd)