Rodriguez v. Arnold et al

Filing 6

Order Accepting 5 Findings and Recommendations re: 3 Complaint, filed by Jose Transito Rodriguez. IT IS ORDERED that this action is DISMISSED without prejudice for want of prosecution. The Court prospectively CERTIFIES that any appeal of this action would not be taken in good faith. (Ordered by Judge Jane J. Boyle on 8/30/2017) (epm)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

JOSE T. RODRIGUEZ, #1243502,
Plaintiffs,
v.
DR. NORVEL L. ARNOLD, et al.,
Defendants.

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Civil Case 3:17-CV-1469-B-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 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).1
SO ORDERED this 30th day of August, 2017.

_________________________________
JANE J. BOYLE
UNITED STATES DISTRICT JUDGE

1

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.