Lindsay v. Radford et al, No. 3:2017cv01579 - Document 23 (N.D. Tex. 2017)

Court Description: Order Accepting 18 Findings and Recommendations. The court certifies that any appeal of this action would not be taken in good faith. IT IS THEREFORE ORDERED that Plaintiff's claims against the City of Dallas are summarily DISMISSED WITHOUT PREJUDICE for failure to state a claim upon which relief can be granted. (Ordered by Judge David C Godbey on 12/28/2017) (epm)

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Lindsay v. Radford et al Doc. 23 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION DONTE RASHAD LINDSAY, #1656607, Plaintiff, v. J. RADFORD, et al., Defendants. § § § § § § § CIVIL CASE NO. 3:17-CV-1579-N-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 Judge 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. IT IS THEREFORE ORDERED that Plaintiff’s claims against the City of Dallas are summarily DISMISSED WITHOUT PREJUDICE for failure to state a claim upon which relief can be granted. See 28 U.S.C. § 1915(e)(2)(B); and 28 U.S.C. § 1915A(b). The Court prospectively CERTIFIES that any appeal of this order 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 order would present no legal point of arguable merit and would, therefore, be frivolous. Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983).1 In the event of an appeal, Plaintiff may challenge this 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. Dockets.Justia.com 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 this 28th day of December, 2017. ________________________________ UNITED STATES DISTRICT JUDGE

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