Na'im v. Jackson et al, No. 3:2017cv02121 - Document 10 (N.D. Tex. 2017)

Court Description: Order Accepting 6 Findings and Recommendations re: 3 Complaint, filed by David Na'Im. The Court dismisses with prejudice this case as frivolous. The court certifies that any appeal of this action would not be taken in good faith. (Ordered by Judge Sam A Lindsay on 10/12/2017) (epm)

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Na'im v. Jackson et al Doc. 10 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION § § § § § § § § DAVID NA’IM, #3521-16 Plaintiff, v. ERIC JACKSON and JOHN PARKER, Defendants. Civil Action No. 3:17-CV-2121-L ORDER On August 15, 2017, United States Magistrate Judge David L. Horan entered the Findings, Conclusions and Recommendation of the United States Magistrate Judge (“Report”), recommending that the court dismiss with prejudice this action as frivolous pursuant to 28 U.S.C. §§ 1915A(b)(1) and 1915(e)(2)(B)(i). No objections to the Report were filed. After considering the pleadings, file, the 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 with prejudice this case as frivolous pursuant to 28 U.S.C. §§ 1915A(b)(1) and 1915(e)(2)(B)(i). 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. 24(a)(3). In support of this certification, the court accepts and 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 Order – Page 1 Dockets.Justia.com to proceed in forma pauperis on appeal with 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 12th day of October, 2017. _________________________________ Sam A. Lindsay United States District Judge Order – Page 2

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