Rayford v. Dallas County Sheriff's Office et al

Filing 8

Order Accepting 7 FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The court prospectively certifies that any appeal of this action would not be taken in good faith. The court finds that any appeal of this action would present no legal point of arguable merit and would, therefore, be frivolous. (Ordered by Judge Sam A Lindsay on 3/28/2014) (twd)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
VASHON PAUL RAYFORD, 1302122,
Plaintiff,
v.
DALLAS COUNTY SHERIFF’S DEPT.,
et al.,
Defendants.

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Civil Action No. 3:14-CV-486-L

ORDER
This case was referred to Magistrate Judge Paul D. Stickney, who entered Findings,
Conclusions and Recommendation of the United States Magistrate Judge (“Report”) on February
27, 2014, recommending that Plaintiff’s civil rights claims under 42 U.S.C. § 1983 be dismissed
with prejudice as frivolous pursuant to 28 U.S.C. § 1915(e)(2). No objections were received as of
the date of this order. After reviewing the pleadings, file, record in this case, and Report, the court
determines that the findings and conclusions of the magistrate judge are correct and accepts them
as those of the court. Accordingly, the court dismisses with prejudice Plaintiff’s civil rights claims
under 42 U.S.C. § 1983 against Defendants as frivolous pursuant to 28 U.S.C. § 1915(e)(2).
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.(a)(3). In support of this certification, the court
accepts and incorporates by reference the Report. See Baugh v. Taylor, 117 F.3d 197, 202 and n.21
(5th Cir. 1997). Based on the Report, the court finds that any appeal of this action would present no
legal point of arguable merit and would, therefore, be frivolous. See 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
Order – Page 1

separate motion to proceed in forma pauperis on appeal with the clerk of the United States Court of
Appeals for the Fifth Circuit. See Baugh, 117 F.3d at 202; Fed. R. App. P. 24(a)(5).
It is so ordered this 28th day of March, 2014.

_________________________________
Sam A. Lindsay
United States District Judge

Order – Page 2