James v. Tobolowski et al

Filing 10

ORDER ACCEPTING 8 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. Plaintiff is BARRED from filing any suits in this Court without first seeking leave. The Court CERTIFIES that any appeal of this action would not be taken in good faith. (Ordered by Judge Barbara M.G. Lynn on 7/6/2012) (cea)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

TERRY R. JAMES,
Plaintiff,

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v.

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3:12-CV-0910-M-BK

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JUDGE EMILY TOBOLOWSKY,

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ET AL.

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Defendants.

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 objections on June 28, 2012, and the District Court has made a de
novo review of those portions of the proposed Findings and Recommendation to which objection
was made. The objections are overruled, and the Court ACCEPTS the Findings, Conclusions
and Recommendation of the United States Magistrate Judge. Plaintiff is BARRED from filing
any suits in this Court without first seeking leave.
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 this 6th day of July, 2012.

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BARBARA M. G. LYNN
UNITED STATES DISTRICT JUDGE
NORTHERN DISTRICT OF TEXAS