Anderson v. Pitre et al

Filing 5

ORDER: The court determines that the 4 findings and conclusions of the magistrate judge are correct and accepts them as those of the court. Accordingly, the court dismisses the petition for writ of mandamus with prejudice as frivolous. (Ordered by Judge Sam A Lindsay on 3/18/2016) (sss)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
CHAMEL NICOLE ANDERSON,
#1811941,
Petitioner,
v.
FELICIA PITRE and GARY
FITZSIMMONS,
Respondents.

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Civil Action No. 3:15-CV-3954-L

ORDER
Before the court is Petitioner Chamel Nicole Anderson’s (“Petitioner”) pro se petition for
writ of mandamus, filed December 10, 2015. The case was referred to Magistrate Judge Renee
Harris Toliver, who entered the Findings, Conclusions and Recommendation of the United States
Magistrate Judge (“Report”) on December 15, 2015, recommending that the petition be summarily
dismissed with prejudice as frivolous. No objections to the Report were filed.
Having reviewed the file, record in this case, and Report, 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 the petition for writ of mandamus with prejudice as frivolous.
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 certification, the
court accepts 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. Howard v. King, 707 F.2d 215,

Order – Page 1

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 United States Court
of Appeals for the Fifth Circuit. See Baugh, 117 F.3d at 202; Fed. R. App. P. 24(a)(5).
It is so ordered this 18th day of March, 2016.

_________________________________
Sam A. Lindsay
United States District Judge

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Federal Rule of Appellate Procedure 4(a) governs the time to appeal an order. A timely notice of appeal
must be filed even if the district court certifies an appeal as not taken in good faith.
Order – Page 2