Brown v. Watkins

Filing 13

ORDER Adopting 11 Findings, Conclusions 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 Chief Judge Sidney A Fitzwater on 10/30/2014) (skt)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
'
'
'
v.
'
'
CRAIG WATKINS, District Attorney, et al. '
Defendants.
'
MICHAEL A. BROWN, #617435,
Plaintiff,

3:14-CV-2380-D

ORDER
After making an independent review of the pleadings, files, and records in this case, and the
findings, conclusions, and recommendation of the magistrate judge, the court concludes that the
findings and conclusions are correct. It is therefore ordered that the findings, conclusions, and
recommendation of the magistrate judge are adopted.
It is therefore ordered that this action is summarily dismissed with prejudice as frivolous.
See 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b). This dismissal counts as a “strike” or “prior
occasion” within the meaning of 28 U.S.C. § 1915(g).
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 finding, the court
adopts and incorporates by reference the magistrate judge’s findings, conclusions, and
recommendation. See Baugh v. Taylor, 117 F.3d 197, 202 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. See Howard v. King, 707 F.2d 215, 220
(5th Cir. 1983).

If plaintiff appeals this dismissal, he may challenge this certification by filing a separate
motion to proceed in forma pauperis on appeal with the clerk of the court, United States Court of
Appeals for the Fifth Circuit. See Baugh, 117 F.3d at 202; Fed. R. App. P. 24(a)(5).
SO ORDERED.
October 30, 2014.

_________________________________
SIDNEY A. FITZWATER
CHIEF JUDGE

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