Steele v. Brown

Filing 19

ORDER Accepting 17 Findings, Conclusions, and Recommendation. Accordingly, the court dismisses with prejudice this action under 28 U.S.C. §§ 195(e)(2) and 1915A. The court prospectively certifies that any appeal of this action would not be taken in good faith. (Ordered by Judge Sam A Lindsay on 4/3/2017) (ran) Modified filed date on 4/4/2017 (ran).

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IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION TOMMY W. STEELE, #4227-15, Plaintiff, v. JOHNNY BROWN, Sheriff, et al., Defendants. § § § § § § § § § Civil Action No. 3:16-CV-359-L ORDER On February 8, 2017, United States Magistrate Judge Irma Carrillo Ramirez entered the Findings, Conclusions and Recommendation of the United States Magistrate Judge (“Report”), recommending that the action be dismissed with prejudice under 28 U.S.C. §§ 195(e)(2) and 1915A. No objections to the Report were filed. Having reviewed the pleadings, 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 with prejudice this action under 28 U.S.C. §§ 195(e)(2)and 1915A. 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 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. 1983). In the event of an appeal, Plaintiff may challenge this certification by filing a separate motion to proceed Order – Page 1 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. 24(a)(5). It is so ordered this 3rd day of April 3, 2017. _________________________________ Sam A. Lindsay United States District Judge Order – Page 2

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