Perkins v. Thaler, Director TDCJ-CID

Filing 22

Order Accepting 18 Findings, Conclusions and Recommendation of the United States Magistrate Judge. The claims related to Plaintiff's incarceration at TDCJ's Jester III Unit are severed and TRANSFERRED to the Houston Division of the Southern District of Texas pursuant to 28 U.S.C. § 1391(b). The Court CERTIFIES that any appeal of this action would not be taken in good faith. (Ordered by Judge Jane J Boyle on 10/2/2013) (ctf)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
JAMES DENNIS PERKINS,
Plaintiff,
V.
CITY OF GARLAND POLICE
DEPARTMENT, ET AL.,
Defendants.

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CIVIL ACTION NO.:
No. 3:13-CV-2022-B

ORDER
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. Plaintiff’s claims against former
Director Thaler, Chief Bates, Detective Younger, the “John Doe” police detective, the unnamed
internal affairs officers, and Stuart Parker, and all claims challenging his arrest and imprisonment
are summarily DISMISSED pursuant to 28 U.S.C. § 1915(e)(2). The claims related to Plaintiff’s
incarceration at TDCJ’s Jester III Unit are severed and TRANSFERRED to the Houston Division
of the Southern District of Texas pursuant to 28 U.S.C. § 1391(b).
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, Conclusions, 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 2nd day of October, 2013.

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JANE J. BOYLE
UNITED STATES DISTRICT JUDGE