Diez v. Mr. Schneider et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
JAMES LOGAN DIEZ,
Plaintiff,
VS.
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CIVIL ACTION NO. 2:24-CV-00295
MR. SCHNEIDER, et al.,
Defendants.
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
TO DENY PLAINTIFF’S MOTIONS FOR CERTIFICATE OF APPEALABILITY
AND TO PROCEED IN FORMA PAUPERIS ON APPEAL
On April 20, 2026, United States Magistrate Judge Jason B. Libby issued his
“Memorandum and Recommendation to Deny Plaintiff’s Motions for Certificate of
Appealability and to Proceed In Forma Pauperis on Appeal” (D.E. 64). Plaintiff was
provided proper notice of, and opportunity to object to, the Magistrate Judge’s
memorandum and recommendation. Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1); Special
Order No. C-2023-1. No objections have been timely filed. While Plaintiff filed a Rule 60
motion to set aside the judgment, it goes to the merits of his action and does not address
any issue in the memorandum and recommendation, which is limited to his request for a
certificate of appealability and in forma pauperis status on appeal. See D.E. 70.
When no timely objection to a magistrate judge’s memorandum and
recommendation is filed, the district court need only satisfy itself that there is no clear error
on the face of the record and accept the magistrate judge’s memorandum and
United States District Court
Southern District of Texas
ENTERED
June 01, 2026
Nathan Ochsner, Clerk
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recommendation. Guillory v. PPG Indus., Inc., 434 F.3d 303, 308 (5th Cir. 2005) (citing
Douglass v. United Servs. Auto Ass’n, 79 F.3d 1415, 1420 (5th Cir. 1996)).
Having reviewed the findings of fact and conclusions of law set forth in the
Magistrate Judge’s memorandum and recommendation (D.E. 64), and all other relevant
documents in the record, and finding no clear error, the Court ADOPTS as its own the
findings and conclusions of the Magistrate Judge. Accordingly, Plaintiff’s Motion for COA
(D.E. 59) and Motion for Leave to Appeal IFP (D.E. 60) are DENIED.
ORDERED on June 1, 2026.
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NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE
Case 2:24-cv-00295 Document 73 Filed 06/01/26 in TXSD Page 2 of 2