Dukes v. Rothschild

Filing 8

Order Accepting 7 Findings and Recommendations. The court certifies that any appeal of this action would not be taken in good faith. Plaintiff is warned that if he persists in filing frivolous or baseless actions, the court may impose monetary sanctions and/or bar him from bringing any further actions. (Ordered by Judge Sidney A Fitzwater on 11/27/2017) (epm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
RICO CORTEZ DUKES
Plaintiff,
v.
JACOB ROTHSCHILD,
Defendant.

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Civil Case No. 3:17-CV-2507-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 summarily dismissed with
prejudice as frivolous. See 28 U.S.C. § 1915(e)(2)(B).
Plaintiff is warned that if he persists in filing frivolous or baseless actions, the court may
impose monetary sanctions and/or bar him from bringing any further actions.
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 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). If plaintiff appeals, he 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.
November 27, 2017.

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SIDNEY A. FITZWATER
UNITED STATES DISTRICT JUDGE