Cheek v. Northern District Court
Filing
7
Order Adopting 6 Findings and Recommendations. The court certifies that any appeal of this action would not be taken in good faith. (Ordered by Judge Sidney A Fitzwater on 5/24/2016) (trk)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
JOHNNY RAY CHEEK, #42969-177
Petitioner,
v.
NORTHERN DISTRICT COURT,
Respondent.
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3:16-CV-1051-D-BK
ORDER
After making an independent review of the pleadings, files, and records in this case, and the
findings, conclusions, and recommendation of the magistrate judge, the court concludes that the
findings and conclusions are correct. It is therefore ordered that the findings, conclusions, and
recommendation of the magistrate judge are adopted, and the petition for writ of habeas corpus
under 28 U.S.C. § 2241 is dismissed without prejudice for want of jurisdiction.
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 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, 220 (5th
Cir. 1983). If petitioner appeals, he may challenge this certification by filing a separate motion to
proceed in forma pauperis on appeal with the Clerk of the Court, United States Court of Appeals
for
the Fifth Circuit. See Baugh, 117 F.3d at 202; Fed. R. App. P. 24(a)(5).
SO ORDERED.
May 24, 2016.
_________________________________
SIDNEY A. FITZWATER
UNITED STATES DISTRICT JUDGE
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