Hawkins v. Griffies et al

Filing 9

ORDER Accepting 6 Findings and Recommendations. The court certifies that any appeal of this action would not be taken in good faith. Accordingly, the court dismisses with prejudice this action as frivolous. Further, Plaintiff must pay the full filing fee before she is allowed to proceed in any futurecase. (Ordered by Judge Sam A Lindsay on 4/3/2017) (epm)

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IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION MONICA REGINA HAWKINS, Plaintiff, v. DARRAL DALON GRIFFIES, et al., Defendants. § § § § § § § § Civil Action No. 3:16-CV-3393-L ORDER This case was referred for screening to United States Magistrate Judge Paul D. Stickney, who entered the Findings, Conclusions and Recommendation of the United States Magistrate Judge (“Report”) on February 13, 2017, recommending that the action be dismissed with prejudice as frivolous pursuant to 28 U.S.C. § 1915(e). Additionally, because Plaintiff has been sanctioned previously for filing frivolous actions, the magistrate judge recommend that the court require her to pay the full filing fee before she is allowed to proceed in any future case. No objections to the Report were filed. After reviewing 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 as frivolous pursuant to 28 U.S.C. § 1915(e). Further, Plaintiff must pay the full filing fee before she is allowed to proceed in any future case. 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 Order – Page 1 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 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, 2017. _________________________________ Sam A. Lindsay United States District Judge Order – Page 2

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