Haggerty v. Dallas Police Department

Filing 13

Order Accepting 12 Findings and Recommendations 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 1/17/2014) (aaa)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
PRISCILLA HAGGERTY,
Plaintiff,

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v.
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DALLAS POLICE DEPARTMENT, et al., §
Defendants.
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3:13-CV-3661-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.
IT IS THEREFORE ORDERED that this action is DISMISSED without prejudice for
want of prosecution. See FED. R. CIV. P. 41(b).
The Court prospectively CERTIFIES that any appeal of this action would not be taken
in good faith. See 28 U.S.C. § 1915(a)(3); FED. R. APP. P. 24(a)(3). In support of this
certification, the Court adopts and incorporates by reference the Findings, Conclusions, and
Recommendation filed in this case. Based on the Findings and Recommendation, the Court finds
that any appeal would present no legal points of arguable merit and would therefore be frivolous.
Plaintiff may challenge this certification by filing a separate motion to proceed in forma pauperis
on appeal with the Clerk of Court, U.S. Court of Appeals for the Fifth Circuit. See Baugh v.
Taylor, 117 F.3d 197, 202 and n. 21 (5th Cir. 1997); Fed. R. App. P. 24(a)(5). 1 In the event of

1

 Federal Rule of Appellate Procedure 4(a) governs the time to appeal an order. A timely notice

of appeal must be filed even if the district court certifies an appeal as not taken in good faith.

an appeal, Plaintiff may challenge this certification by filing a separate motion to proceed in
forma pauperis on appeal with the Clerk of the Court, U.S. Court of Appeals for the Fifth Circuit.
See Baugh, 117 F.3d at 202; FED. R. APP. P. 24(a)(5).

SO ORDERED this 17th day of January, 2014.

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UNITED STATES DISTRICT JUDGE