Johnson v. Watkins et al

Filing 13

ORDER ADOPTING 11 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. 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. (Ordered by Chief Judge Sidney A Fitzwater on 3/28/2012) (twd)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
JOHNNY RAY JOHNSON, # 483120,
Plaintiff,

§
§
§
v.
§
§
CRAIG WATKINS, District Attorney, et al., §
Defendants.
§

3:11-CV-2791-D

ORDER
After making an independent review of the pleadings, files, and records in this case, and the
findings, conclusions, and recommendation of the magistrate judge, the court concludes that the
findings and conclusions are correct. It is therefore ordered that the findings, conclusions, and
recommendation of the magistrate judge are adopted.
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.
March 28, 2012.

_________________________________
SIDNEY A. FITZWATER
CHIEF JUDGE