Strong v. TDCJ Fort Stockton Unit, No. 3:2013cv02346 - Document 7 (N.D. Tex. 2013)
Court Description: ORDER Adopting 6 Findings and Recommendations and Denying Certificate of Appealability (Ordered by Chief Judge Sidney A Fitzwater on 9/27/2013) (skt)
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Strong v. TDCJ Fort Stockton Unit Doc. 7 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION DYRIAN K. STRONG, #1763248, Plaintiff, v. TDCJ Fort Stockton Unit, Defendant. § § § § § § § 3:13-CV-2346-D ORDER After making an independent review of the pleadings, files, and records in this case, and the findings, conclusions, and recommendation of the magistrate judge, the court concludes that the findings and conclusions are correct. It is therefore ordered that the findings, conclusions, and recommendation of the magistrate judge are adopted, and this action is dismissed without prejudice for want of prosecution. The court certifies that any appeal of this action would not be taken in good faith. See 28 U.S.C. § 1915(a)(3). In support of this finding, the court adopts and incorporates by reference the magistrate judge’s findings, conclusions, and recommendation. See Baugh v. Taylor, 117 F.3d 197, 202 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). SO ORDERED. September 27, 2013. _________________________________ SIDNEY A. FITZWATER CHIEF JUDGE Dockets.Justia.com
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