Abram v. Boatman et al

Filing 12

ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: IT IS THEREFORE ORDERED that Plaintiff's complaint is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915A(b)(1). 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). (Ordered by Chief Judge Barbara M.G. Lynn on 4/16/2018) (skg)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
WICHITA FALLS DIVISION
UQDAH I. ABRAM,
Plaintiff,
v.
Lt. Mark C. Boatman, et al.,
Defendants.

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Civil Action No. 7:18-CV-00019-M-BP

ORDER ACCEPTING FINDINGS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
After reviewing the Findings, Conclusions, and Recommendation of the United States
Magistrate Judge and conducting a de novo review of those parts of the Findings and Conclusions
to which objections have been made, I am of the opinion that the Findings and Conclusions of the
Magistrate Judge are correct and they are accepted as the Findings and Conclusions of the Court.
IT IS THEREFORE ORDERED that Plaintiff’s complaint is DISMISSED without
prejudice pursuant to 28 U.S.C. § 1915A(b)(1).
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).
SIGNED this 16th day of April, 2018.

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