Coleman v. Colvin

Filing 39

ORDER: The 33 findings, conclusions, and recommendation of the magistrate judge are adopted. The court prospectively certifies that any appeal of this action would not be taken in good faith. 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. (Ordered by Judge Sidney A Fitzwater on 5/30/2017) (sss)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
VELETTA COLEMAN,
Plaintiff,
v.
CAROLYN W. COLVIN,
Commissioner of Social Security
Admninistration,
Defendants.

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CIVIL CAUSE NO. 3:16-CV-2608-D

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.
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). 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.
May 30, 2017.

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SIDNEY A. FITZWATER
UNITED STATES DISTRICT JUDGE

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