Lindsay v. Radford et al

Filing 10

ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE and dismissing the action 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 David C Godbey on 8/25/2017) (ash)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
DONTE RASHAD LINDSAY, #1656607,
Plaintiff,
v.
J. RADFORD, et al.,
Defendants.

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CIVIL NO. 3:17-CV-1579-N-BK

ORDER ACCEPTING FINDINGS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
The United States Magistrate Judge made Findings, Conclusions, and a Recommendation
in this case. Plaintiff/Petitioner filed objections, and the District Court has made a de novo
review of those portions of the proposed findings and recommendation to which objection was
made. The objections are overruled, and 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).2 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 this 25th day of August, 2017.

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UNITED STATES DISTRICT JUDGE

2

 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.