Pequeno-Garcia v. Calvert

Filing 10

Order: In support of this finding, the court adopts and incorporates by reference the magistrate judge's findings, conclusions, and recommendation. The court certifies that any appeal of this action would not be taken in good faith. re: 8 Findings and Recommendations on Case re: 3 Complaint, filed by Jose Pequeno-Garcia. (Ordered by Judge Sidney A Fitzwater on 9/19/2017) (ndt)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
JOSE PEQUENO-GARCIA, #33540-177
Plaintiff,
v.
RICK CALVERT,
Deputy Criminal Chief,
Defendant.

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Civil Case No. 3:17-CV-0943-D

ORDER
After making an independent review of the pleadings, files, and records in this case, and the
findings, conclusions, and recommendation of the magistrate judge, the court concludes that the
findings and conclusions are correct. It is therefore ordered that the findings, conclusions, and
recommendation of the magistrate judge are adopted. It is therefore ordered that plaintiff’s breach
of promise claim is summarily dismissed without prejudice for want of jurisdiction. See FED. R.
CIV. P. 12(h)(3).
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 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). 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.
September 19, 2017.

_________________________________
SIDNEY A. FITZWATER
UNITED STATES DISTRICT JUDGE

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