Dudley et al v. United Tows LLC et al

Filing 16

Order Accepting 14 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 Jane J Boyle on 1/15/2014) (aaa)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
KARANYA MARQUIS DUDLEY, et al.,
Plaintiffs,

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v.
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UNITED TOWS LLC, and RICHARDSON '
POLICE DEPARTMENT,
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Defendants.
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3:13-CV-3941-B

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 Plaintiff Karanya M. Dudley’s claims are
DISMISSED without prejudice for want of prosecution.
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 Magistrate Judge’s Findings, Conclusions, and
Recommendation. See Baugh v. Taylor, 117 F.3d 197, 202 and 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).1 In the event of an appeal, Plaintiff may challenge this certification by filing

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.

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 15th day of January, 2014.

JANE J. BOYLE
UNITED STATES DISTRICT JUDGE