UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

LUBBOCK DIVISION

SHONNA LYNN CALAWAY

MCPHAIL,

Instrrutional ID No. 56251-177,

P1aintiff,

No. 5:22-CV-00253-H-BQ

UNITED STATES OF AMERICA, eT

al.,

Defendants

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND

RECOMMENDATION OF TIIE UNITED STATES MAGISTRATE JUDGE

The United States Magistrate Judge made findings, conclusions, and a

recommendation (FCR) that this case be dismissed without prejudice for lack of subject

matter jurisdiction. The FCR also recommended that the Court sanction non-parfy

Michelle Gamer for her disregard of the Court's warnings that her attempts to represent

Plaintiff, even with a valid power of attomey, likely constitute the unauthorized practrce of

law. Gamer f,led objections, but Plaintiffhas f,led none.

"The district judge must determine de novo any part of the magrstrate judge's

disposition that has been properly objected to." Fed. R. Civ. P. 72b)Q); see28lJ.S.C.

$ 6360)(1). In contrast, the districtjudge reviews any unobjected-to findings, conclusions,

and recommendations for plain error. The Court has examined the record and reviewed the

unobjected-to portions ofthe FCR for plain enor and, finding none, expressly accepts and

adopts those portions of the Magistrate Judge's findings, conclusions, and recommendation.

Additionally, considering Garner's specific objections, the Court has conducted a de

I

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novo review of the relevant portions of the FCR and the record rn this case.r The Court

ovenules Gamer's objections and accepts and adopts the findings, conclusions, and

recommendation of the United States Magistrate Judge.

The Court therelore orders:

1. Plaintiffs complaint is dismissed without prejudice for lack of subject matter

jurisdiction.

2. The Court sanctions Michelle Gamer and prohibits her from filing any civil

action on behalf of another-in this Court, or any court that is removable or transfenable to

this Court. This prohibition includes drafting and fi.ling pleadings on behalfofanyone orher

than herself, signing another's name to any document submitted to the court, and acting as

an intermediary on behalf of another before the Court. The Court admonishes Garner that

the unauthorized practice oflaw is both unlawful and unethical, and that a violation ofthe

Court's order will result in additional sancions, including monetary fines, a complete bar to

f,ling pleadings without leave of Court, or both.

3. All reliefnot expressly granted is denied, and any pending motions are

denied.

4. Plaintiffis advised that if she appeals this order, she will be required to pay

the appeal fee of $505.00 pursuant to the PLRA, and she must submit an application to

I The Court also takes judicial notice of correspondence hlcd by Plaintiff in No. 5: I 7-CR-00081-C,

Dkt. No. 70, hled in responsc to an order conccming similar pleadings in her criminal case. Thcre,

Plaintiff recounts her relationship with Garner, explaining that she has not spoken to Garner since

July 2022, did not understand what Gamer was attempting to do on her behalf, that she had not

personally signed any documents, and that she felt Gamer "has defrnitely abused the fpower of

attorney] in an effon to accomplish some misguided goals." Plaintiffnotes that she has stopped all

communication with Gamer and revoked the power of attorney. And she informs the Court that

she fears Gamer has ill intent and will somehow retaliate against her for revoking the power of

attorney, and that she has sent threatening emails to Plaintiffs daughter. Plaintiff included a copy of

the Tcxas Power of Attomey Rcvocation form. Id. at 4 5.

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proceed in fotma paupeis and a 6-month certificate of inmate trust account at the same time

she files his notice of appeal. Likewise, Gamer is advised that if she appeals this order, she

will be required to pay the appeal fee of$505.00.

Judgment will be enteted accordingly.

The Clerk is directed to mail a copy of this order and the corresponding judgment to

Plaintiff at FMC Carswell.

So ordered on Augurt / t, 2023.

SLEY HENDRIX

D STATES DISTRICT JUDGE

J

J

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