Ross v. Valdez et al

Filing 9

Order Adopting 8 Findings 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 Chief Judge Sidney A Fitzwater on 6/27/2013) (axm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
BERNARD ROSS, #12034507,
Plaintiff,
v.
SHERIFF VALDEZ, et al.,
Defendants.

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3:12-CV-5221-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.
It is ordered that this action is dismissed with prejudice as frivolous. See 28 U.S.C. §§
1915(e)(2)(B) and 1915A(b). The dismissal of this case counts as a “strike” or “prior occasion”
within the meaning 28 U.S.C. § 1915(g).
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.
June 27, 2013.

_________________________________
SIDNEY A. FITZWATER
CHIEF JUDGE

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