Montoya v. Dallas County Bail Bond Board

Filing 13

ORDER ACCEPTING 12 FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE on Case re: 3 Complaint filed by Victor Fred Montoya. IT IS ORDERED that the complaint is summarily DISMISSED with prejudice for failure to state a claim on which relief may be granted. The Court prospectively CERTIFIES that any appeal of this action would not be taken in good faith. (Ordered by Judge Jane J Boyle on 9/24/2014) (cea)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
VICTOR FRED MONTOYA,
Plaintiff,

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v.
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DALLAS COUNTY BAIL BOND BOARD, '
Defendant.
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CIVIL ACTION NO.:
3:14-CV-1372-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 Judge.
IT IS THEREFORE ORDERED that the complaint is summarily DISMISSED with
prejudice for failure to state a claim on which relief may be granted. See 28 U.S.C. § 1915(e)(2)(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 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 a

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.

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 24th day of September, 2014.

JANE J. BOYLE
UNITED STATES DISTRICT JUDGE