Flores v. Davis et al

Filing 16

ORDER -- It is therefore ordered that petitioner's objections are overruled, the recommendation of the magistrate judge is adopted, and this action is dismissed without prejudice. The court certifies that any appeal of this action would not be taken in good faith. re: 14 Findings, Conclusions and Recommendation. (Ordered by Judge Sidney A Fitzwater on 8/17/2018) (awc)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
AMARILLO DIVISION
JOSE TRINIDAD FLORES,
# 1725709,
Plaintiff,
v.
GREG DAVIS, et al.,
Defendants.

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2:16-CV-230-D

ORDER
After making an independent review of the pleadings, files, and records in this case, the July
17, 2018, findings, conclusions, and recommendation of the magistrate judge, and petitioner’s
August 9, 2018 objections, the court concludes the magistrate judge’s findings and conclusions are
correct. It is therefore ordered that petitioner’s objections are overruled, the recommendation of the
magistrate judge is adopted, and this action is dismissed without prejudice.
The court prospectively certifies that any appeal of this action would not be taken in good
faith. See 28 U.S.C. § 1915(a)(3); Fed. R. App. P. 24(a)(3). In support of this finding, the court
adopts and incorporates by reference the magistrate judge’s findings, conclusions, and
recommendation. See Baugh v. Taylor, 117 F.3d 197, 202 n.21 (5th Cir. 1997). Based on the
findings and recommendation, the court concludes that any appeal of this action would present no
legal point of arguable merit and would, therefore, be frivolous. Howard v. King, 707 F.2d 215, 220
(5th Cir. 1983).
If plaintiff appeals, he may challenge this certification by filing a separate motion to proceed
in forma pauperis on appeal with the Clerk of the Court, United States Court of Appeals for the Fifth

Circuit. See Baugh, 117 F.3d at 202; Fed. R. App. P. 24(a)(5).
SO ORDERED.
August 17, 2018.

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SIDNEY A. FITZWATER
UNITED STATES DISTRICT JUDGE

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