Willms v. United States of America

Filing 16

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE re: 6 MOTION to Dismiss , 11 MOTION for Summary Judgment , 15 Findings and Recommendations on Case. The court CERTIFIES that, in the event plaintiff seeks leave to proceed in forma pauperis, any appeal of this action would not be taken in good faith. (Ordered by Senior Judge A. Joe Fish on 3/12/2015) (tlm)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

MELVIN WILLMS,
Plaintiff,
VS.
UNITED STATES OF AMERICA,
Defendant.

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CIVIL ACTION NO.
3:14-CV-3354-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.
The court CERTIFIES that, in the event plaintiff seeks leave to proceed in
forma pauperis, any appeal of this action would not be taken in good faith. See 28
U.S.C. § 1915(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,
conclusions, 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).
SO ORDERED.

March 12, 2015.

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A. JOE FISH
Senior United States District Judge

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