Gutierrez v. AccuWeather et al
Filing
7
Order Accepting 6 Findings and Recommendations on Case re: 3 Complaint. The court certifies that any appeal of this action would not be taken in good faith. It is therefore ORDERED that this action is summarily DISMISSED without prejudice for want of jurisdiction. See FED. R. CIV. P. 12(h)(3). Plaintiff is WARNED that if he persists in filing frivolous or baseless actions or actions over which the court lacks subject matter jurisdiction, the court may impose monetary sanctions and/or bar him from bringing any further action. (Ordered by Senior Judge A. Joe Fish on 7/2/2018) (epm)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
ORLANDO M. GUTIERREZ,
Petitioner,
VS.
ACCUWEATHER, ET AL.,
Respondents.
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CIVIL ACTION NO.
3:18-CV-1297-G (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 district 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 without
prejudice for want of jurisdiction. See F ED. R. CIV. P. 12(h)(3). Plaintiff is
WARNED that if he persists in filing frivolous or baseless actions or actions over
which the court lacks subject matter jurisdiction, the court may impose monetary
sanctions and/or bar him from bringing any further action.
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).* 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.
July 2, 2018.
___________________________________
A. JOE FISH
Senior United States District Judge
*
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 district court certifies an
appeal as not taken in good faith.
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