Jackson v. Rosenburg et al
ORDER ACCEPTING 6 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. The court certifies that any appeal of this action would not be taken in good faith. (Ordered by Judge Jane J. Boyle on 1/10/2017) (epm)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
O.G. JACKSON, SR.,
CHARLES ROSENBURG, Executive
Director of the U.S. Drug Enforcement
Agency, et al.,
Civil No. 3:16-CV-2615-B-
ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF
THE UNITED STATES MAGISTRATE JUDGE
The United States Magistrate Judge made Findings, Conclusions, and a Recommendation
in this case. Plaintiff/Petitioner filed objections, and the District Court has made a de novo review
of those portions of the proposed findings and recommendation to which objection was made.
The objections are overruled, and the Court ACCEPTS the Findings, Conclusions, and
Recommendation of the United States Magistrate Judge.
IT IS THEREFORE ORDERED that this action is summarily DISMISSED with
prejudice as frivolous. See 28 U.S.C. §1915(e)(2)(B). Plaintiff is WARNED that if he persists in
filing frivolous or baseless actions, the Court may impose monetary sanctions and/or bar him from
bringing any further action..
The Court 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).1 In the event of an appeal, Plaintiff/Petitioner 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.
SO ORDERED this 10th day of January, 2017.
JANE J. BOYLE
UNITED STATES DISTRICT JUDGE
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
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