Na'im v. Jackson et al

Filing 10

Order Accepting 6 Findings and Recommendations re: 3 Complaint, filed by David Na'Im. The Court dismisses with prejudice this case as frivolous. The court certifies that any appeal of this action would not be taken in good faith. (Ordered by Judge Sam A Lindsay on 10/12/2017) (epm)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
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DAVID NA’IM, #3521-16
Plaintiff,
v.
ERIC JACKSON and JOHN PARKER,
Defendants.

Civil Action No. 3:17-CV-2121-L

ORDER
On August 15, 2017, United States Magistrate Judge David L. Horan entered the Findings,
Conclusions and Recommendation of the United States Magistrate Judge (“Report”), recommending
that the court dismiss with prejudice this action as frivolous pursuant to 28 U.S.C. §§ 1915A(b)(1)
and 1915(e)(2)(B)(i). No objections to the Report were filed.
After considering the pleadings, file, the 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 with prejudice this case as frivolous pursuant to 28
U.S.C. §§ 1915A(b)(1) and 1915(e)(2)(B)(i).
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
accepts and 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

Order – Page 1

to proceed in forma pauperis on appeal with 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.

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Sam A. Lindsay
United States District Judge

Order – Page 2