Dudley et al v. United Tows LLC et al, No. 3:2013cv03941 - Document 16 (N.D. Tex. 2014)

Court Description: Order Accepting 14 Findings and Recommendations of the United States Magistrate Judge. The court certifies that any appeal of this action would not be taken in good faith. (Ordered by Judge Jane J Boyle on 1/15/2014) (aaa)

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Dudley et al v. United Tows LLC et al Doc. 16 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION ' ' ' v. ' ' UNITED TOWS LLC, and RICHARDSON ' POLICE DEPARTMENT, ' Defendants. ' KARANYA MARQUIS DUDLEY, et al., Plaintiffs, 3:13-CV-3941-B ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE The United States Magistrate Judge made Findings, Conclusions, and a Recommendation in this case. No objections were filed. The District Court reviewed the proposed Findings, Conclusions, and Recommendation for plain error. Finding none, the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate. IT IS THEREFORE ORDERED that Plaintiff Karanya M. Dudley’s claims are DISMISSED without prejudice for want of prosecution. 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 adopts and incorporates by reference the Magistrate Judge’s Findings, Conclusions, and Recommendation. See Baugh v. Taylor, 117 F.3d 197, 202 and 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).1 In the event of an appeal, Plaintiff may challenge this certification by filing 1 Federal Rule of Appellate Procedure 4(a) governs the time to appeal an order. A timely notice of appeal must be filed even if the district court certifies an appeal as not taken in good faith. Dockets.Justia.com a separate motion to proceed in forma pauperis on appeal with the Clerk of the Court, U.S. Court of Appeals for the Fifth Circuit. See Baugh, 117 F.3d at 202; FED. R. APP. P. 24(a)(5). SO ORDERED this 15th day of January, 2014. JANE J. BOYLE UNITED STATES DISTRICT JUDGE

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