Alvarado v. Dallas County Jail et al

Filing 7

Order Accepting 5 Findings and Recommendations re: 3 Complaint, filed by Patricia Alvarado. The court dismisses without prejudice this action. The court prospectively certifies that any appeal of this action would not be taken in good faith. (Ordered by Judge Sam A Lindsay on 10/12/2017) (epm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
PATRICIA ALVARADO, #17007126,
Plaintiff,
v.
DALLAS COUNTY JAIL and
PARKLAND HOSPITAL,
Defendants.

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Civil Action No. 3:17-CV-741-L

ORDER
On August 22, 2017, United States Magistrate Judge David L. Horan entered the Findings,
Conclusions and Recommendation of the United States Magistrate Judge (“Report”), recommending
that this action be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) for
failure to prosecute or comply with a court order. No objections to the Report were filed.
Having reviewed 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 without prejudice this action pursuant to 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
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

Order – Page 1

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. P. 24(a)(5).
It is so ordered this 12th day of October, 2017.

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Sam A. Lindsay
United States District Judge

Order – Page 2