McDonald v. Pitre et al

Filing 13

Order Adopting 11 the Findings, Conclusions, and Recommendation of the United States Magistrate Judge. The court certifies that any appeal of this action would not be taken in good faith. (Ordered by Judge Sidney A Fitzwater on 6/13/2018) (ykp)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
REGINALD DARNELL MCDONALD,
Plaintiff,

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v.
FELICIA PITRE, et al.,
Defendants.

Civil Action No. 3:18-CV-0539-D

ORDER
The United States Magistrate Judge made findings, conclusions, and a recommendation in
this case. No objections were filed. The district judge reviewed the proposed findings, conclusions,
and recommendation for plain error. Finding none, the court adopts the findings, conclusions, and
recommendation of the United States Magistrate Judge.
It is therefore ordered that this action is dismissed without prejudice for failure to comply
with a court order. See Fed. R. Civ. P. 41(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 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, 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). 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.
June 13, 2018.

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SIDNEY A. FITZWATER
UNITED STATES DISTRICT JUDGE