Dukes v. Ramirez, No. 3:2017cv02303 - Document 8 (N.D. Tex. 2017)

Court Description: Order Accepting Findings and Recommendations and Denying Certificate of Appealability. The court certifies that any appeal of this action would not be taken in good faith. re: 7 Findings and Recommendations on Case re: 5 Order on Motion for Leave to Proceed in Forma Pauperis. (Ordered by Sam A Lindsay on 12/22/2017) (svc) Modified judge on 12/22/2017 (svc).

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Dukes v. Ramirez Doc. 8 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION RICO DUKES, Plaintiff, v. IRMA CARRILLO RAMIREZ, Defendant. § § § § § § § § Civil Action No. 3:17-CV-2303-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 with prejudice under 28 U.S.C. § 1915(e) as barred by absolute immunity. 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 with prejudice this action as barred by absolute immunity. 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 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). Order – Page 1 Dockets.Justia.com It is so ordered this 22nd day of December, 2017. _________________________________ Sam A. Lindsay United States District Judge Order – Page 2

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