Looney v. Garland DPS Office et al

Filing 22

Order Accepting 20 Findings, Conclusions and Recommendation of the United States Magistrate Judge re: 1 Complaint filed by Randall Gene Looney, II. IT IS ORDERED that this action is dismissed without prejudice for want of prosecution and the motion to proceed in forma pauperis is DENIED. (Ordered by Judge Ed Kinkeade on 8/28/2017) (mcrd)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
RANDALL GENE LOONEY, II,
#08010304,
Plaintiff,
v.

GARLAND DPS OFFICE, et al.,
Defendants.

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CIVIL NO. 3:17-CV-1594-K

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.
IT IS THEREFORE ORDERED that this action is DISMISSED without
prejudice for want of prosecution. See FED. R. CIV. P. 41(b). The motion to proceed
in forma pauperis is DENIED.
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). 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.
Signed August 28th, 2017.

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ED KINKEADE
UNITED STATES DISTRICT JUDGE