Okpechi v. Brown et al

Filing 11

Order Accepting 9 Findings and Recommendations and Denying Certificate of Appealability. The court certifies that any appeal of this action would not be taken in good faith. (Ordered by Judge Sam A Lindsay on 4/20/2015) (aaa)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
ALAN OKPECHI
(TDCJ No. 1941136),
Plaintiff,
v.
KEVIN BROWN, et al.,
Defendants.

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Civil Action No. 3:14-CV-4415-L

ORDER
This case was referred for screening to Magistrate Judge David L. Horan, who entered
Findings, Conclusions and Recommendation of the United States Magistrate Judge (“Report”) on
March 26, 2015, recommending that the court dismiss without prejudice the action, pursuant to
Federal Rule of Civil Procedure 41(b), for failure to prosecute and comply with a court order because
Plaintiff failed to pay the requisite filing fee in accordance with the magistrate judge’s October 15,
2014 order. No objections were filed to the Report.
Having reviewed the pleadings, file, record, and the findings and conclusions of the
magistrate judge, 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 without prejudice
this action, pursuant to Federal Rule of Civil Procedure 41(b), for failure to prosecute and comply
with a court order.
The court certifies that any appeal of this action would not be taken in good faith and denies
a certificate of appealability. See 28 U.S.C. § 1915(a)(3). In support of this finding, the court
accepts and incorporates by reference the Report. See Baugh v. Taylor, 117 F.3d 197, 202 n.21
Order – Page 1

(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. Howard v. King, 707 F.2d 215, 220
(5th Cir. 1983).
It is so ordered this 20th day of April, 2015.

_________________________________
Sam A. Lindsay
United States District Judge

Order – Page 2