Chioma Okoro and Jerome Okoro v. State of Texas, Governor Greg Abbott, and...

District Court, W.D. Texas

Chioma Okoro and Jerome Okoro v. State of Texas, Governor Greg Abbott, and...

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

CHIOMA OKORO and JEROME OKORO, § § Plaintiffs, § § v. § 1:25-CV-1526-RP § STATE OF TEXAS, GOVERNOR GREG § ABBOTT, and SECRETARY OF STATE, § § Defendants. §

ORDER Before the Court is the report and recommendation from United States Magistrate Judge Susan Hightower concerning Plaintiff Chioma Okoro’s1 (“Plaintiff”) complaint pursuant to

28 U.S.C. § 1915

(e). (R. & R., Dkt. 4). Pursuant to

28 U.S.C. § 636

(b) and Rule 1(d) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas, Judge Hightower issued her report and recommendation on November 6, 2025. (Id.). As of the date of this Order, Plaintiff has not filed objections to the report and recommendation. Pursuant to

28 U.S.C. § 636

(b), a party may serve and file specific, written objections to a magistrate judge’s proposed findings and recommendations within fourteen days after being served with a copy of the report and recommendation and, in doing so, secure de novo review by the district court. When no objections are timely filed, a district court can review the magistrate’s report and recommendation for clear error. See Fed. R. Civ. P. 72 advisory committee’s note (“When no timely objection is filed, the [district] court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.”).

1 As noted by Judge Hightower, Plaintiff names herself and Jerome Okoro as Plaintiffs, but only Chioma signed the Complaint and application to proceed in forma pauperis. The Court therefore refers to Chioma Okoro as “Plaintiff,” and this Order pertains only to her. Because Plaintiff has not filed timely objections, the Court reviews the report and recommendation for clear error. Having done so and finding no clear error, the Court accepts and adopts the report and recommendation as its own order. Additionally, Judge Hightower recommended that a pre-filing bar be imposed on Plaintiff, such that she will be barred from filing any lawsuits in this Court without first obtaining permission from a judge of this Court. This Court has already dismissed as frivolous four cases brought by

Plaintiff. Okoro v. State, No. 1:25-cv-00501-RP-SH,

2025 WL 1672141

(W.D. Tex. May 12, 2025), R. & R. adopted,

2025 WL 1667934

(W.D. Tex. June 11, 2025); Okoro v. Pelosi, No. 1:21-cv-00504-LY, Dkt. 13 (W.D. Tex. Aug. 23, 2021); Okoro v. Pablos, No. 1:18-CV-401-RP, Dkt. 46 (W.D. Tex. Feb. 11, 2019); Okoro v. Texas, No. 1:22-cv-00804-LY-SH,

2022 WL 11112473

(W.D. Tex. Oct. 19, 2022). This case will be Plaintiff’s fifth case dismissed as frivolous. Plaintiff has already been warned that filing any further frivolous lawsuits may result in a pre-filing bar. Okoro v. Texas, No. 1:22-CV-00804- LY-SH,

2022 WL 19569567

, at *1 & n.1 (W.D. Tex. Dec. 21, 2022). Additionally, Plaintiff is on the State of Texas’s list of vexatious litigants and is subject to a prefiling order in Travis County. Okoro v. Murphy, No. 03-20-00031-CV,

2020 WL 990019

, at *1 (Tex. App.—Austin Feb. 28, 2020, no pet.). The Court agrees with Judge Hightower that, based on Plaintiff’s history of filing frivolous lawsuits, and in light of the fact that she has already been warned that a pre-filing bar may be imposed against her should she file a subsequent frivolous lawsuit, that a pre-filing bar is appropriate.

Accordingly, the Court ORDERS that the report and recommendation of the United States Magistrate Judge, (Dkt. 4), is ADOPTED. Plaintiff’s complaint, (Dkt. 1), is DISMISSED WITHOUT PREJUDICE as frivolous. IT IS FURTHER ORDERED that Plaintiff Chioma Okoro is BARRED from filing future complaints in the Western District of Texas without obtaining prior approval from a district or magistrate judge of this Court. IT IS FINALLY ORDERED that the Clerk’s Office mail a copy of this Order to Plaintiff Chioma Okoro via certified mail. SIGNED on December 10, 2025.

ROBERT PITMAN UNITED STATES DISTRICT JUDGE

Reference

Full Case Name
Chioma Okoro and Jerome Okoro v. State of Texas, Governor Greg Abbott, and Secretary of State
Status
Unknown