Joe v. Stickney et al

Filing 6

Order Accepting 5 FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The court prospectively certifies that any appeal of this action would not be taken in good faith. (Ordered by Judge Sam A Lindsay on 5/10/2017) (twd)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
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Plaintiff,
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v.
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UNITED STATES MAGISTRATE
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JUDGE PAUL D. STICKNEY and
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COMMISSIONER JOHN WILEY PRICE, §
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Defendants.
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DEMARCUS KENARD JOE, #1047716,

Civil Action No. 3:17-CV-421-L

ORDER
This case was referred to United States Magistrate Judge Renée Harris Toliver, who entered
the Findings, Conclusions and Recommendation of the United States Magistrate Judge (“Report”)
on April 13, 2017, recommending that this action be dismissed with prejudice pursuant Federal Rule
of Civil Procedure 41(b) for failure to prosecute or comply with a court order. No objections to the
Report were received as of the date of this order.
After considering the pleadings, file, the record, 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 pursuant Federal Rule of Civil
Procedure 41(b) for failure to prosecute or comply with a court order.
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
accepts and 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

Order – Page 1

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 10th day of May, 2017.

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Sam A. Lindsay
United States District Judge

Order – Page 2