Ramirez v. United States of America

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
LAREDO DIVISION
ERNESTO ALONZO RAMIREZ
VS.
UNITED STATES OF AMERICA
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CIVIL ACTION NO. 5:25-CV-167
REPORT AND RECOMMENDATION
OFTHE UNITED STATES MAGISTRATE JUDGE
Before the Court is Plaintiff’s Application to Proceed in forma pauperis. (Dkt. No. 6).
Based on the reasons below, the Undersigned RECOMMENDS Plaintiff’s Application to
Proceed in forma pauperis be DENIED and his case be DISMISSED pursuant to 28 U.S.C.
§ 1915(e)(2)(A).
I. BACKGROUND
On November 14, 2025, Plaintiff filed his first Application to Proceed in forma
pauperis (“IFP application”). (Dkt. No. 6). However, the Court ordered Plaintiff to re-file his
IFP application by December 18, 2025, as it did not include a copy of his trust fund account
that had been certified by an appropriate prison official. (Dkt. No. 9).
On December 18, 2025, Plaintiff filed a Motion for Appointment of Counsel, which also
included a copy of his trust fund account statement. (Dkt. No. 11). However, because the copy
provided had not been certified by an appropriate prison official, the Undersigned extended
Plaintiff’s deadline to file a certified copy to January 23, 2026. (Dkt. No. 12).
Plaintiff filed a certified copy of his trust fund account statement on January 23, 2026.
(Dkt. No. 14-1). However, the Court discovered a discrepancy between the representations
made in his IFP application and the information reflected in his trust fund account statement.
(Dkt. No. 15 at 1–2). In particular, Plaintiff declared that the sum total he possesses in cash
or in a checking or savings accounts was $0.02. (Dkt. No. 6 at 2) and that he received no
United States District Court
Southern District of Texas
ENTERED
June 16, 2026
Nathan Ochsner, Clerk
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income from the following sources, in the past twelve months:
• 	Business, profession, or other self-employment
• 	Rent payments, interest, or dividends
• 	Pension, annuity, or life insurance payments
• 	Disability, or worker’s compensation payments
• 	Gifts or inheritances
• 	Any other sources
(Id. at 1). However, Plaintiff’s trust fund account statement showed he received several
deposits in amounts ranging from $20 to $125, several times a month. (See Dkt. No. 14-1).
Thus, on January 27, 2026, the Court ordered Plaintiff to file an advisory explaining the
discrepancy by February 27, 2026. (Dkt. No. 15 at 2). The Court also advised Plaintiff that
failure to comply with the order would result in a recommendation that the case be dismissed
for want of prosecution under Federal Rule of Civil Procedure 41(b). (Id.). Plaintiff filed an
advisory on February 19, 2026, explaining that these payments were gifts of money from his
family (Dkt. Nos. 20 at 2). On March 5, 2026, Plaintiff paid the filing fee. (See Docket Entry
Dated March 5, 2026).
II. LEGAL STANDARD
District courts have the authority and discretion to investigate allegations of poverty.
Bucklew v. Bonham, No. 3:19-CV-435-N-BH, 2022 WL 869686, at *3 (N.D. Tex. Feb. 9, 2022).
Courts must dismiss a case if “the contents of an IFP application are false, even if the litigant
would still qualify as a pauper.” Id. (first citing Lay v. Justices-Middle District Court, 811
F.2d 285, 286 (5th Cir. 1986); and then Nottingham v. Warden, Bill Clements Unit, 837 F.3d
438, 441 (5th Cir. 2016)). Even after a filing fee is paid, dismissal is mandatory if the court
then determines the contents of the IFP application are false. See Nottingham, 837 F.3d at
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441 (quoting 	28 	U.S.C. § 1915(e)(2)(A) (“A district court retains the authority to conduct
reasonable investigations into the allegation of poverty even after the filing fee payment.”)
III. DISCUSSION
The Court issued two orders requiring Plaintiff to provide a certified copy of his trust
fund account. (Dkt. Nos. 9, 12). Once Plaintiff filed a certified copy of his trust fund account,
the Court discovered a discrepancy between the information provided in his IFP application
and what was reflected in his trust fund account statement. Accordingly, the Court ordered
Plaintiff to file an advisory addressing the discrepancy. (Dkt. No. 15).
Plaintiff’s response that he receives gifts of money from his family directly contradicts
his statements concerning gifts in his application. (Dkt. Nos. 20 at 2; 6 at 1). 	Because the
statement in his application concerning gifts was false, the Court is obligated to dismiss the
case, regardless of the fact he subsequently paid the filing fee. See Nottingham, 837 F.3d at
441.
IV. RECOMMENDATION
Because of 	the false information contained 	within Plaintiff’s 	application, 	the
Undersigned RECOMMENDS Plaintiff’s IFP application, (Dkt. No. 6), be DENIED and this
case be DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(A).
The Clerk of Court is DIRECTED to send a copy of this Report and Recommendation
via certified mail to Plaintiff at the address on file.
V. NOTICE TO THE PARTIES
Within FOURTEEN (14) DAYS after being served with a copy of the Report and
Recommendation, a party may file with the Clerk and serve on the United States Magistrate
Judge and all parties, written objections, pursuant to Fed. R. Civ. P. 72(b), 28 U.S.C. §
636(b)(1), General Order No. 2002-13, United States District Court for the Southern District
of Texas.
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A party's failure to file written objections to the proposed findings, conclusions, and
recommendation in a magistrate judge's report and recommendation within FOURTEEN
(14) DAYS after being served with a copy shall bar that party, except upon grounds of plain
error, from attacking on appeal the unobjected-to proposed factual findings and legal
conclusions accepted by the District Court. Douglass v. United Servs. Auto Ass'n, 79 F.3d
1415 (5th Cir. 1996) (en banc).
SIGNED on June 16, 2026.
___________________________________
Brian C. Bajew
United States Magistrate Judge
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