Lindsay v. Radford et al
Filing
23
Order Accepting 18 Findings and Recommendations. The court certifies that any appeal of this action would not be taken in good faith. IT IS THEREFORE ORDERED that Plaintiff's claims against the City of Dallas are summarily DISMISSED WITHOUT PREJUDICE for failure to state a claim upon which relief can be granted. (Ordered by Judge David C Godbey on 12/28/2017) (epm)
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 CASE NO. 3:17-CV-1579-N-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 Judge 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.
IT IS THEREFORE ORDERED that Plaintiff’s claims against the City of Dallas are
summarily DISMISSED WITHOUT PREJUDICE for failure to state a claim upon which
relief can be granted. See 28 U.S.C. § 1915(e)(2)(B); and 28 U.S.C. § 1915A(b).
The Court prospectively CERTIFIES that any appeal of this order 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 order 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 In the event of an appeal, Plaintiff may challenge this
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.
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 28th day of December, 2017.
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UNITED STATES DISTRICT JUDGE
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