Johnson v. State Judges et al

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
R. WAYNE JOHNSON 	§
VS. 	§ 	CIVIL ACTION NO. 1:25cv523
STATE JUDGES, ET AL. 	§
ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff R. Wayne Johnson, an inmate confined at the Jester III Unit of the Texas
Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed the
above-styled civil rights lawsuit pursuant to 42 U.S.C. § 1983. The Court previously referred this
matter to the Honorable Christine L. Stetson, United States Magistrate Judge, for consideration
pursuant to applicable orders of this Court. 	The Magistrate Judge has submitted a Report and
Recommendation of United States Magistrate Judge recommending that plaintiff be denied in forma
pauperis status in this matter and given 14 days to pay the $405 filing fee.
The Court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the record and pleadings. Plaintiff filed objections to the Report and
Recommendation.
The Court has conducted a de novo review of the objections in relation to the pleadings and
the applicable law. After careful consideration, the Court is of the opinion the objections are without
merit. 	The Magistrate Judge correctly concluded that as plaintiff previously had at least four
lawsuits and appeals dismissed as frivolous, and as his allegations fail to show he was in imminent
danger of serious physical harm on the date he filed this lawsuit, he may not proceed with this case
on an in forma pauperis basis.
ORDER
Accordingly, plaintiff’s objections [Dkt. 5] are OVERRULED. The findings of fact and
conclusions of law of the Magistrate Judge are correct and the report of the magistrate judge [Dkt.
3] is ACCEPTED. Plaintiff shall have 14 days from the date set forth below to pay the $405 filing
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fee.
2
____________________________
Michael J. Truncale
United States District Judge
SIGNED this 1st day of December, 2025.
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