Dukes v. Feil

Filing 8

Order Accepting Findings and Recommendations and Denying Certificate of Appealability. The court certifies that any appeal of this action would not be taken in good faith. re: 7 Findings and Recommendations on Case re: 3 Complaint filed by Rico Cortez Dukes. (Ordered by Judge Sam A Lindsay on 11/30/2017) (svc)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION RICO CORTEZ DUKES, Plaintiff, v. DALLAS COUNTY JUDGE STEPHEN FEIL, Defendant. § § § § § § § § § Civil Action No. 3:17-CV-2171-L-BK ORDER On October 30, 2017, United States Magistrate Judge Magistrate Judge Renée Harris Toliver entered the Findings, Conclusions and Recommendation of the United States Magistrate Judge (“Report”), recommending that the court dismiss this case as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B). No objections to the Report were filed. After considering the pleadings, file, 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. The court, therefore, dismisses with prejudice this action as frivolous, pursuant to 28 U.S.C. § 1915(e)(2)(B). 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 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 30th day of November, 2017. _________________________________ Sam A. Lindsay United States District Judge Order – Page 2

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