Robinson v. Grocers Supply

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
DARRYL ROBINSON,
Plaintiff,
VS.
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CIVIL ACTION NO. 4:25-CV-00062
GROCERS SUPPLY,
Defendant.
ORDER ADOPTING MAGISTRATE JUDGE’S
MEMORANDUM AND RECOMMENDATION
On April 29, 2025, all pretrial matters in this case were referred to United States
Magistrate Judge Richard W. Bennett under 28 U.S.C. § 636(b)(1). (Dkt. 24). Judge
Bennett filed a Memorandum and Recommendation on March 25, 2026, recommending
that Plaintiff’s motion to proceed in forma pauperis on appeal (Dkt. 31) be denied. (Dkt.
33).
On April 8, 2026, Plaintiff filed his objections. (Dkt. 35). In accordance with 28
U.S.C. § 636(b)(1)(C), this Court is required to “make a de novo determination of those
portions of the [magistrate judge’s] report or specified proposed findings or
recommendations to which objection [has been] made.” After conducting this de novo
review, the Court may “accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge.” Id.; see also FED. R. CIV. P. 72(b)(3).
The Court has carefully considered the objections, the Memorandum and
Recommendation, the pleadings, and the record. Plaintiff’s objections (Dkt. 35) are
United States District Court
Southern District of Texas
ENTERED
May 06, 2026
Nathan Ochsner, Clerk
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OVERRULED. The Court ACCEPTS Judge Bennett’s Memorandum and
Recommendation and ADOPTS it as the opinion of the Court. It is therefore ORDERED
that:
(1) Judge Bennett’s Memorandum and Recommendation (Dkt. 33) is
APPROVED AND ADOPTED in its entirety as the holding of the Court;
(2) The Court CERTIFIES that Plaintiff’s appeal is not taken in good faith; and
(3) Plaintiff’s Motion (Dkt. 31) is DENIED.
It is so ORDERED.
SIGNED at Houston, Texas on May 6, 2026.
_______________________________
GEORGE C. HANKS, JR.
UNITED STATES DISTRICT JUDGE
Case 4:25-cv-00062 Document 38 Filed 05/06/26 in TXSD Page 2 of 2