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intervene in this case for months. Indeed, when denying Mr. Webb’s first motions to intervene a nd

Date
2022-09-12

Full text

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

U.S. NAVY SEALs 1–26, et al.,
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§

     Plaintiffs,
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v.
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Civil Action No. 4:21-cv-01236-O

§

LLOYD J. AUSTIN, III, et al.,
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     Defendants.
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ORDER

Before the Court is Michael Webb’s Application to Proceed in District Court Without
Prepaying Fees or Costs (ECF No. 201), filed September 12, 2022. Mr. Webb has been attempting to
intervene in this case for months. Indeed, when denying Mr. Webb’s first motions to intervene and
proceed in forma pauperis, the Court noted that Mr. Webb is a “litigation hobbyist.” See May 23,
2022 Order, ECF No. 157. Since then, Mr. Webb filed a Motion for Reconsideration (ECF No. 166),
an interlocutory appeal (ECF No. 183), and a Motion for Leave to Proceed In Forma Pauperis on
Appeal (ECF No. 188). Both this Court, and the Fifth Circuit Court of Appeals, have denied or
dismissed Mr. Webb’s requested relief each time. Of particular note, the Court certified that Mr.
Webb’s attempted—and since dismissed—appeal was “not taken in good faith” pursuant to 28 U.S.C.
§ 1915(a)(3). See Order Regarding Motion to Proceed In Forma Pauperis On Appeal, ECF No 190.

Despite all of this, Mr. Webb has now filed this new motion to proceed in forma pauperis
(ECF No. 201) that is identical to his first motion to proceed in forma pauperis (ECF No. 145). Mr.
Webb did not even bother to change the date of the signature line. The only difference between the
two motions is that Mr. Webb’s latest motion includes, as an attachment, part of a non-precedential
court order that appears to have provisionally granted him leave to proceed in forma pauperis in an
Case 4:21-cv-01236-O   Document 208   Filed 11/17/22    Page 1 of 2   PageID 7224

unrelated case. This other court’s order is not binding on this Court, nor does it carry any persuasive
weight, seeing as how that other court’s conclusory reasoning amounts to less than three lines of text.
See Application to Proceed in District Court Without Prepaying Fees or Costs at 6, ECF No. 201.
Therefore, because Mr. Webb has once again failed to carry his burden, his Application to Proceed
in District Court Without Prepaying Fees or Costs is DENIED.
While this is not the first time that the Court has entertained Mr. Webb’s querulous behavior,
it will be the last. The Court will no longer tolerate Mr. Webb’s vexatious conduct. Any further abuse
of judicial resources will result in an order to show cause why Mr. Webb should not be sanctioned.
SO ORDERED this 17th day of November, 2022.
Case 4:21-cv-01236-O   Document 208   Filed 11/17/22    Page 2 of 2   PageID 7225
_____________________________________
Reed O’Connor
UNITED STATES DISTRICT JUDGE

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