Blimline v. Thirty Unknown Employees of the Securities and Exchange Commission et al

Filing 31

Order Adopting 30 Findings, Conclusions, and Recommendation of the United States Magistrate Judge. The court certifies that any appeal of this action would not be taken in good faith. (Ordered by Senior Judge Sidney A Fitzwater on 6/19/2019) (ykp)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION JOSEPH S. BLIMLINE, Plaintiff, v. THIRTY UNKNOWN EMPLOYEES OF THE SECURITIES AND EXCHANGE COMMISSION, et al., Defendants. § § § § § § § § § Civil Case 3:15-CV-3166-D ORDER The United States Magistrate Judge made findings, conclusions, and a recommendation in this case. No objections were filed. The undersigned district judge reviewed the proposed findings, conclusions, and recommendation for plain error. Finding none, the court adopts the findings, conclusions, and recommendation of the United States Magistrate Judge. It is therefore ordered that this action is dismissed without prejudice for failure to comply with a court order and for want of prosecution. See Fed. R. Civ. P. 41(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 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, 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). In the event of an appeal, plaintiff may challenge this certification by filing a 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. June 19, 2019. _________________________________ SIDNEY A. FITZWATER SENIOR JUDGE

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