Cathey v. Pickthull et al

Filing 10

Order Adopting Findings and Recommendations re: 8 Findings and Recommendations. The court certifies that any appeal of this action would not be taken in good faith. (Ordered by Judge Sidney A Fitzwater on 11/27/2017) (ams)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
CLARANCE CATHEY, #2022995,
Plaintiffs,
v.
MONICA PICKTHULL, et al.,
Defendants.

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Civil Case No. 3:17-CV-1966-D

ORDER
After making an independent review of the pleadings, files, and records in this case, and the
findings, conclusions, and recommendation of the magistrate judge, the court concludes that the
findings and conclusions are correct. It is therefore ordered that the findings, conclusions, and
recommendation of the magistrate judge are adopted, and this action is dismissed without prejudice
for want of prosecution. See Fed. R. Civ. P. 41(b).
The court 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 finding, the court adopts and
incorporates by reference the magistrate judge’s findings, conclusions, and recommendation. See
Baugh v. Taylor, 117 F.3d 197, 202 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).
SO ORDERED.
November 27, 2017.

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SIDNEY A. FITZWATER
UNITED STATES DISTRICT JUDGE