Molina v. Volunteers of America Texas et al

Filing 11

Order Accepting Findings, Conclusions and Recommendation. The court certifies that any appeal of this action would not be taken in good faith. re: 10 Findings and Recommendations on Case re: 3 Complaint filed by Hugo Ernesto Molina. (Ordered by Senior Judge A. Joe Fish on 4/17/2017) (ndt)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION HUGO E. MOLINA, Plaintiff, VS. VOLUNTEERS OF AMERICA, ET AL., Defendants. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 3:16-CV-3421-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. April 17, 2017. ___________________________________ A. JOE FISH Senior 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 faith. -2-

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