Gooden v. Dallas Area Rapid Transit Police Dept

Filing 16

ORDER ACCEPTING 15 FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. (Ordered by Senior Judge A. Joe Fish on 2/8/2017) (twd)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

MELVIN BERNARD GOODEN,
#16018013,
Plaintiff,
VS.
DALLAS AREA RAPID TRANSIT
POLICE DEPARTMENT,
Defendant.

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CIVIL ACTION NO.
3:16-CV-2349-G (BK)

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

The United States Magistrate Judge made findings, conclusions and a
recommendation in this case. No objections were filed. The district court reviewed
the proposed findings, conclusions and recommendation for plain error. Finding
none, the court ACCEPTS the findings, conclusions and recommendation of the
United States Magistrate Judge.
It is therefore ORDERED that this action is DISMISSED without prejudice
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 certification, the court adopts and incorporates by reference the
magistrate judge’s findings, conclusions and recommendation. See Baugh v. Taylor,
117 F.3d 197, 202 and 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).* 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.

February 8, 2017.
___________________________________
A. JOE FISH
Senior 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.
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