Tropeano et al v. Bell Partners Inc et al

Filing 9

Order Accepting 8 Findings and Recommendation of the United States Magistrate Judge. The court certifies that any appeal of this action would not be taken in good faith. Plaintiff's 6 Motion for Immediate Emergency Injunction is DENIED. This action is Summarily DISMISSED WITH PREJUDICE as frivolous. (Ordered by Judge David C Godbey on 3/2/2018) (axm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
JOSEPH TROPEANO, et al.,
Plaintiffs,
v.
BEL PARTNERS INC., et al.,
Defendants.

§
§
§
§
§
§
§

CIVIL CASE NO. 3:18-CV-0230-N-BK

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
The United States Magistrate Judge made Findings, Conclusions, and a Recommendation
in this case. No objections were filed. The Court reviewed the proposed findings, conclusions
and recommendation for plain error. Finding none, the Court ACCEPTS the Findings,
Conclusions, and Recommendation of the United States Magistrate Judge.
IT IS THEREFORE ORDERED that this action is summarily DISMISSED WITH
PREJUDICE as frivolous, see 28 U.S.C. § 1915(e)(2)(B), and that Plaintiff’s Motion for
Immediate Emergency Injunction is DENIED.
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 adopts and incorporates by reference the Magistrate Judge’s Findings,
Conclusions, and Recommendation. See Baugh v. Taylor, 117 F.3d 197, 202 and 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).1 In the event of an appeal, Plaintiff 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.
SIGNED this 2nd day of March, 2017.

___________________________
UNITED STATES DISTRICT JUDGE

1

Federal Rule of Appellate Procedure 4(a) governs the time to appeal an order. A timely notice
of appeal must be filed even if the court certifies an appeal as not taken in good faith.