Cadena v. USA
Order Accepting 6 Findings, Conclusions and Recommendation of the United States Magistrate Judge. (Ordered by Judge Sam A Lindsay on 10/12/2017) (ykp)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
UNITED STATES OF AMERICA,
Civil Action No. 3:17-CV-1815-L
On September 11, 2017, United States Magistrate Judge David L. Horan entered the
Findings, Conclusions and Recommendation of the United States Magistrate Judge (“Report”),
recommending that this action be dismissed without prejudice under Federal Rule of Civil Procedure
41(b) for failure to prosecute or comply with a court order. No objections to the Report were filed.
Having reviewed the pleadings, record in this case, and Report, the court determines that the
findings and conclusions of the magistrate judge are correct, and accepts them as those of the court.
Accordingly, the court dismisses without prejudice this action pursuant to Federal Rule of Civil
Procedure 41(b) for failure to prosecute or comply with a court order.
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. 24(a)(3). In support of this certification, the court
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
Order – Page 1
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 12th day of October, 2017.
Sam A. Lindsay
United States District Judge
Order – Page 2
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