Lewis v. Berry

Filing 14

ORDER ACCEPTING 8 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 10/15/2013) (tln)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
CHARLES ATKINS LEWIS, JR.,
Plaintiff,
v.
HALLE BERRY,
Defendant.

§
§
§
§
§
§
§

3:13-CV-2965-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.
IT IS THEREFORE ORDERED that this case is summarily DISMISSED with prejudice
as frivolous. See 28 U.S.C. § 1915(e)(2)(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 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 15th day of October, 2013.

__________________________________
UNITED STATES DISTRICT JUDGE