Lockhart v. US Federal Bureau of Prisons et al
Filing
17
Order Accepting 13 Finding and Recommendation of the United States Magistrate Judge and Denying Certificate of Appealability. (Ordered by Senior Judge A. Joe Fish on 5/28/2014) (axm)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
EUGENE J. LOCKHART, JR.,
Plaintiff,
VS.
TEXAS HEALTH PLANO, ET AL.,
Defendants.
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CIVIL ACTION NO.
3:14-CV-0027-G (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 the plaintiff’s claims against Dr. Duckworth in
her official capacity as the Medical Director at FCI Seagoville are summarily
DISMISSED with prejudice as frivolous. See 28 U.S.C. § 1915A(b)(1). This holding
does not affect the plaintiff’s claims against Dr. Duckworth in her individual capacity.
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).* In the event of 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).
May 28, 2014.
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A. JOE FISH
Senior United States District Judge
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.
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