Dukes v. Shreveport LA et al
Filing
7
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: 6 Findings and Recommendations on Case re: 3 Complaint,, filed by Rico Cortez Dukes. (Ordered by Judge Sam A Lindsay on 12/22/2017) (svc)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
RICO DUKES,
Plaintiff,
v.
SHREVEPORT LOUISIANA POLICE
DEPT. and OFFICER BRECO
SAVANNAH,
Defendants.
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Civil Action No. 3:17-CV-2506-L-BF
ORDER
On November 20, 2017, United States Magistrate Judge Paul D. Stickney entered the
Findings, Conclusions and Recommendation of the United States Magistrate Judge (“Report”),
recommending that this action be dismissed without prejudice for improper venue. 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 for improper venue.
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
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 22nd day of December, 2017.
_________________________________
Sam A. Lindsay
United States District Judge
Order – Page 2
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