Jordan v. Fitzsimmons et al

Filing 20

ORDER ACCEPTING 16 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. The Court DENIES Plaintiff's 13 letter motion requesting copies of unspecified documents free of charge and Plaintiffs 17 motion requesting that the Court order the Clerk to serve the Defendants. (Ordered by Judge Ed Kinkeade on 10/3/2011) (jrb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
TOMMY EARL JORDAN,
Plaintiff,
v.
GARY FITZSIMMONS, et al.,
Defendants.

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3:11-CV-1026-K

ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF
THE UNITED STATES MAGISTRATE JUDGE
The United States Magistrate Judge made findings, conclusions and a
recommendation in this case. Plaintiff filed documents on September 21, 2011, which
the Court construes as objections, and the District Court has made a de novo review of
those portions of the proposed findings and recommendation to which objection was
made. Further, Plaintiff filed Objections on September 29, 2011. The objections are
overruled, and the Court ACCEPTS the Findings, Conclusions and Recommendation
of the United States Magistrate Judge.
Further, the Court DENIES Plaintiff’s letter motion requesting copies of
unspecified documents free of charge (Doc. 13) and Plaintiff’s motion requesting that
the Court order the Clerk to serve the Defendants. (Doc. 17)
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 Order accepting the findings, conclusions and

recommendation of the magistrate judge. See Baugh v. Taylor, 117 F.3d 197, 202 n.21
(5th Cir. 1997). Based on the above Order, 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 3rd day of October, 2011.

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ED KINKEADE
UNITED STATES DISTRICT JUDGE