Howard v. Turner et al

Filing 11

ORDER ACCEPTING 10 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 David C Godbey on 10/9/2012) (tln)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
CHARLIE HOWARD,
Plaintiff,
v.
SHALINDRA TURNER, et al.,
Defendants.

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3:12-CV-2438-N-BK

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
DISMISSES the case without prejudice for want of prosecution.
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 9th day of October, 2012.

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UNITED STATES DISTRICT JUDGE