Stotler v. Jack Harwell Detention Center
Filing
7
Order Accepting 6 Findings and Recommendations and Denying Certificate of Appealability: IT IS THEREFORE ORDERED that this action is DISMISSED without prejudice for failure to comply with a court order and for want of prosecution. (Ordered by Judge Jane J. Boyle on 7/31/2018) (svc)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
CODY ALLEN STOTLER, #2145177
Plaintiffs,
v.
JACK HARWELL DETENTION
CENTER,
Defendant.
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Civil Case 3:18-CV-1356-B-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 DISMISSED without prejudice for failure
to comply with a court order and for want of prosecution. 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).1
SO ORDERED this 31st day of July, 2018.
_________________________________
JANE J. BOYLE
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 district court certifies an appeal as not taken in good
faith.
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