Daniels v. Nixon et al
Filing
9
Order Accepting Findings and Recommendations. The court certifies that any appeal of this action would not be taken in good faith. re: 8 Findings and Recommendations on Case re: 3 Complaint, filed by Tyrell Ali Daniels. (Ordered by Judge Ed Kinkeade on 5/2/2018) (ndt)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
TYRELL ALI DANIELS, #47407-177
Plaintiff,
v.
JIMMY G. NIXON, et al,
Defendants.
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CIVIL CASE NO. 3:17-CV-1899-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 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.
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 May 2nd, 2018.
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ED KINKEADE
UNITED STATES DISTRICT JUDGE
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