Oliver v. Brown et al

Filing 48

ORDER ACCEPTING 44 FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. The Court CERTIFIES that any appeal of this action would not be taken in good faith. (Ordered by Judge Jane J Boyle on 11/15/2012) (tln)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
NORMAN CHARLES OLIVER,
Plaintiff,
v.
DAVID BROWN, Chief of Police, §
Dallas Police Department, et al.,
Defendants.

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3:10-CV-2154-B-BK

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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, DISMISSES
with prejudice as frivolous all of Plaintiff’s claims against Defendant David Brown, and
DISMISSES with prejudice as frivolous Plaintiff’s claims against Defendants Profit, McEntire,
and Lewis for failure to protect, equal protection, freedom of speech, verbal abuse and
harassment, deprivation of property, and false arrest.
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 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 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 this 15th day of November, 2012.

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JANE J. BOYLE
UNITED STATES DISTRICT JUDGE