Prindle v. Lewis et al

Filing 31

ORDER ACCEPTING 30 FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE denying 26 Plaintiff's Motion to Appoint Marshal to Serve Summons. (Ordered by Judge Jane J Boyle on 9/13/2011) (skt)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
MARK E. PRINDLE, # 33481-177,
Plaintiff,
v.
JEFF LEWIS, et al.,
Defendants.

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3:10-CV-1217-B

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
The United States Magistrate Judge made findings, conclusions and a recommendation in
this case. No objections were filed. The District Court reviewed the proposed findings,
conclusions and recommendation for plain error. Finding none, the Court ACCEPTS the
Findings, Conclusions and Recommendation of the United States Magistrate Judge, and
DENIES as moot Plaintiff’s Motion to Appoint Marshal to Serve Summons (Doc. 26).
The Court CERTIFIES that any appeal of this action would not be taken in good
faith. See 28 U.S.C. § 1915(a)(3). In support of this finding, the Court adopts and incorporates
by reference this and the November 3, 2010, Order accepting the findings, conclusions and
recommendation of the magistrate judge (Doc. 16 . See Baugh v. Taylor, 117 F.3d 197, 202 n.21
(5th Cir. 1997). Based on the above Orders, the Court finds 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).

SO ORDERED.
SIGNED this 13th day of September, 2011.

_________________________________
JANE J. BOYLE
UNITED STATES DISTRICT JUDGE