Anderson v. Davis-Director TDCJ-CID
Filing
16
Order Accepting 15 Findings and Recommendations and Denying Certificate of Appealability. (Ordered by Judge Sam A Lindsay on 11/7/2018) (axm)
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
CHAMEL NICOLE ANDERSON,
# 1811941,
Plaintiff,
v.
LORI DAVIS,
Defendant.
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Civil Action No. 3:17-CV-1633-L
ORDER
On October 1, 2018, United States Magistrate Judge Irma Carrillo Ramirez entered the
Findings, Conclusions and Recommendation of the United States Magistrate Judge (“Report”),
recommending that the court dismiss with prejudice this action under 28 U.S.C. § 1915(e)(2)(B) for
failure to state a claim upon which relief can be granted. The magistrate judge further recommended
that this dismissal count as a “strike” or “prior occasion” under 18 U.S.C. § 1915(g). No objections
to the Report were filed.
Having reviewed the pleadings, file, record in this case, and Report, the court determines that
the findings and conclusions of the magistrate judge are correct, accepts them as those of the court,
and dismisses with prejudice this action under 28 U.S.C. § 1915(e)(2)(B) for failure to state a claim
upon which relief can be granted. Further, this dismissal counts as a “strike” or “prior occasion”
under § 1915(g).
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
Order – Page 1
incorporates by reference the Report. See Baugh v. Taylor, 117 F.3d 197, 202 and n.21 (5th Cir.
1997). The court concludes 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 United States Court of Appeals for the Fifth
Circuit. See Baugh, 117 F.3d at 202; Fed. R. App. P. 24(a)(5).
It is so ordered this 7th day of November, 2018.
_________________________________
Sam A. Lindsay
United States District Judge
Order – Page 2
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