Henderson v. PNC Banking Corporation

Filing 7

Order Accepting Findings and Recommendations and Denying Certificate of Appealability. The court determines that the 6 findings and conclusions of the magistrate judge are correct, and accepts them as those of the court. Accordingly, the court grants 4 Plaintiff's Motion to Proceed In Forma Pauperis. The court certifies that any appeal of this action would not be taken in good faith. (Ordered by Judge Sam A. Lindsay on 5/18/2023) (svc)

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Case 3:23-cv-00775-L-BN Document 7 Filed 05/18/23 Page 1 of 2 PageID 43 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION JERAL DURANT HENDERSON, Plaintiff, v. PNC BANKING CORPORATION, Defendant. § § § § § § § § § Civil Action No. 3:23-CV-775-L-BN ORDER On April 18, 2023, The Findings, Conclusions and Recommendation of the United States Magistrate Judge (“Report”) (Doc. 6) was entered, recommending that the court grant Plaintiff’s Motion to Proceed In Forma Pauperis (Doc. 4) and then dismiss with prejudice, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), this pro se action by him and all claims asserted in his Complaint (Doc. 3) as baseless and for failure to state claims upon which relief can be granted. No objections to the Report were filed as of the date of this order, and the deadline for filing objections has expired. Having considered the pleadings, record in this case, and Report, the court determines that the findings and conclusions of the magistrate judge are correct, and accepts them as those of the court. Accordingly, the court grants Plaintiff’s Motion to Proceed In Forma Pauperis (Doc. 4) and, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), dismisses with prejudice this action and all claims asserted by Plaintiffs as baseless and for failure to state claims upon which relief can be granted. The court prospectively certifies that any appeal of this action by Plaintiff 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 incorporates by reference the Report. See Baugh v. Taylor, 117 F.3d 197, 202 and n.21 (5th Cir. 1997). Based on the Report, the court concludes that any appeal of this Order – Page 1 Case 3:23-cv-00775-L-BN Document 7 Filed 05/18/23 Page 2 of 2 PageID 44 action by Plaintiff 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 United States Court of Appeals for the Fifth Circuit. See Baugh, 117 F.3d at 202; Fed. R. App. P. 24(a)(5). It is so ordered this 18th day of May, 2023. _________________________________ Sam A. Lindsay United States District Judge Order – Page 2

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