USA v. Mitchell et al

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No. 6:16-cr-00008
United States of America
v.
Cory Carnell Mitchell
O R D E R
On October 7, 2025, the court denied defendant’s motion for
compassionate release. Doc. 342. Defendant subsequently moved
to proceed in forma pauperis in appealing that decision. Doc. 346.
That motion was referred to a magistrate judge, who issued a re-
port recommending that the motion be denied. Doc. 348 at 3. De-
fendant filed written objections. Doc. 349.
The court reviews the objected-to portions of a magistrate
judge’s report and recommendation de novo. 28 U.S.C.
§ 636(b)(1)(C); Fed. R. Civ. P. 72(b)(3). However, the “objections
must specifically identify those findings objected to. Frivolous,
conclusive or general objections need not be considered by the
district court.” Nettles v. Wainwright, 677 F.2d 404, 410 n.8 (5th
Cir. Unit B 1982) (en banc), overruled on other grounds by Douglass
v. United Servs. Auto. Ass’n, 79 F.3d 1415 (5th Cir. 1996) (en banc).
Furthermore, a party’s entitlement to de novo review does not en-
title it to raise arguments that were not presented to the magis-
trate judge without a compelling reason. See Cupit v. Whitley, 28
F.3d 532, 535 & n.5 (5th Cir. 1994). When there have been no
timely objections to a report, or the objections are improper, “the
court need only satisfy itself that there is no clear error on the face
of the record.” Fed. R. Civ. P. 72(b), advisory committee’s notes
to 1983 amendment.
Defendant’s motion to proceed in forma pauperis merely in-
forms the court of his request to proceed without counsel on ap-
peal. The motion does not present any argument as to why the
appeal is nonfrivolous or taken in good faith. Defendant’s
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objections merely reargue his claim for compassionate release.
The court has already addressed these arguments. As such, the
court is not persuaded that defendant has any nonfrivolous issue
to raise on appeal.
Having reviewed the magistrate judge’s report de novo and be-
ing satisfied that it contains no error, the court overrules defend-
ant’s objections and accepts the magistrate judge’s findings and
recommendations. The court denies defendant’s motion for leave
to appeal in forma pauperis (Doc. 346) and certifies that the ap-
peal is not taken in good faith. The clerk shall provide notice of
this ruling to the U.S. Court of Appeals for the Fifth Circuit.
So ordered by the court on January 9, 2026.
J. CAM PB EL L BA RK ER
United States District Judge
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