Dukes v. Barnes et al, No. 3:2017cv02064 - Document 9 (N.D. Tex. 2017)
Court Description: ORDER Accepting 8 Findings and Recommendations. The court certifies that any appeal of this action would not be taken in good faith. Accordingly, the court dismisses without prejudice this action pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute or comply with a court order. (Ordered by Judge Sam A Lindsay on 12/22/2017) (axm)
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Dukes v. Barnes et al Doc. 9 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION RICO DUKES, Plaintiff, v. M. BARNES and DALLAS POLICE, Defendants. § § § § § § § § Civil Action No. 3:17-CV-2064-L-BF ORDER On November 20, 2017, United States Magistrate Judge Paul D. Stickney entered the Findings, Conclusions and Recommendation of the United States Magistrate Judge (“Report”), recommending that this action be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute or comply with a court order. No objections to the Report were filed. Having reviewed 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 dismisses without prejudice this action pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute or comply with a court order. 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 incorporates by reference the Report. See Baugh v. Taylor, 117 F.3d 197, 202 and n.21 (5th Cir. 1997). The court concludes 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 Order – Page 1 Dockets.Justia.com 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 22nd day of December, 2017. _________________________________ Sam A. Lindsay United States District Judge Order – Page 2
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