Thompson v. Harmon
Filing
8
Order Accepting 7 Findings and Recommendation of the United States Magistrate Judge. The 3 petition for writ of habeas corpus under 28 U.S.C. § 2241 is DISMISSED without prejudice for want of jurisdiction. The court prospectively certifies that any appeal of this action would not be taken in good faith. If petitioner files a notice of appeal, petitioner must pay the $505.00 appellate filing fee or submit a motion to proceed in forma pauperis. (Ordered by Senior Judge A. Joe Fish on 3/7/2018) (zkc)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
CHRISTOPHER J. THOMPSON,
#31221-177
Petitioner,
VS.
D.J. HARMON, Warden,
Respondent.
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CIVIL ACTION NO.
3:17-CV-1598-G (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. 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 the petition for writ of habeas corpus under 28
U.S.C. § 2241 is DISMISSED without prejudice for want of jurisdiction.
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).1 In the event of an appeal, petitioner 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).
If petitioner files a notice of appeal,
( ) petitioner may proceed in forma pauperis on appeal.
(X ) petitioner must pay the $505.00 appellate filing fee or submit a motion to
proceed in forma pauperis.
SO ORDERED.
March 7, 2018.
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A. JOE FISH
Senior 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 court certifies an appeal as not
taken in good faith.
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