Mitchell v. Kennedy, No. 3:2013cv02460 - Document 11 (N.D. Tex. 2013)

Court Description: Order Accepting 10 Findings and Recommendations on Case. The court dismisses with prejudice Plaintiff's claims and this action. The court certifies that any appeal of this action would not be taken in good faith and denies a certificate of appealability. (Ordered by Judge Sam A Lindsay on 9/4/2013) (ykp) (Main Document 11 replaced on 9/4/2013) (twd).

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Mitchell v. Kennedy Doc. 11 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION DEROVENS MITCHELL, Plaintiff, v. GRACIE V. KENNEDY, et al., Defendants. § § § § § § § § § Civil Action No. 3:13-CV-2460-L ORDER Plaintiff Derovens Mitchell (“Plaintiff”) brought this action, pursuant to 42 U.S.C. § 1983, seeking redress regarding alleged civil rights violations pertaining to child support enforcement. The case was referred to Magistrate Judge David L. Horan, who entered the Findings, Conclusions and Recommendation of the United States Magistrate Judge (“Report”) on August 15, 2013, recommending that the case be dismissed with prejudice, pursuant to 28 U.S.C. § 1915(e)(2) as frivolous. No objections to the Report were filed. Having reviewed the pleadings, file, record in this case, and the findings and conclusions of the magistrate judge, 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 Plaintiff’s claims and this action. The court certifies that any appeal of this action would not be taken in good faith and denies a certificate of appealability. See 28 U.S.C. § 1915(a)(3). In support of this finding, the court adopts and incorporates by reference the Report. See Baugh v. Taylor, 117 F.3d 197, 202 n.21 (5th Cir. 1997). Based on the Report, the court finds that any appeal of this Order – Page 1 Dockets.Justia.com 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). It is so ordered this 4th day of September, 2013. _________________________________ Sam A. Lindsay United States District Judge Order – Page 2

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