Richard v. The State of Texas

Filing 7

Order Accepting 5 FINDINGS, CONCLUSIONS, AND RECOMMENDATION: The court prospectively certifies that any appeal of this action would not be taken in good faith. (Ordered by Judge Sam A Lindsay on 11/24/2015) (twd)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
MICHAEL RICHARD,
Plaintiff,
v.
STATE OF TEXAS,
Defendant.

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Civil Action No. 3:15-CV-3111-L

ORDER
This case was referred to Magistrate Judge Irma Carrillo Ramirez, who entered Findings,
Conclusions and Recommendation of the United States Magistrate Judge (“Report”) on October 29,
2015, recommending that the action be dismissed with prejudice as frivolous pursuant to 28 U.S.C.
§ 1915A(b) and counted as a “strike” or “prior occasion” under 28 U.S.C. § 1915(g). Plaintiff, who
is incarcerated and proceeding pro se, filed objections to the Report.
Having reviewed the pleadings, file, objections, Report, and the record in this case, the court
determines that the findings and conclusions of the magistrate judge are correct, accepts them as
those of the court, and dismisses with prejudice this action as frivolous pursuant to 28 U.S.C. §
1915A(b). This dismissal shall count as a “strike” or “prior occasion” under 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. 24(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). The court concludes 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.

Order – Page 1

1983). In the event of an appeal, Plaintiff may challenge this certification by filing a separate motion
to proceed in forma pauperis on appeal with clerk of the United States Court of Appeals for the Fifth
Circuit. See Baugh, 117 F.3d at 202; Fed. R. App. 24(a)(5).
It is so ordered this 24th day of November, 2015.

_________________________________
Sam A. Lindsay
United States District Judge

Order – Page 2