Willms v. United States of America, No. 3:2014cv03354 - Document 16 (N.D. Tex. 2015)

Court Description: ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE re: 6 MOTION to Dismiss , 11 MOTION for Summary Judgment , 15 Findings and Recommendations on Case. The court CERTIFIES that, in the event plaintiff seeks leave to proceed in forma pauperis, any appeal of this action would not be taken in good faith. (Ordered by Senior Judge A. Joe Fish on 3/12/2015) (tlm)

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Willms v. United States of America Doc. 16 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION MELVIN WILLMS, Plaintiff, VS. UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 3:14-CV-3354-G (BK) 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 Judge. The court CERTIFIES that, in the event plaintiff seeks leave to proceed in forma pauperis, 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 Dockets.Justia.com Baugh v. Taylor, 117 F.3d 197, 202 n.21 (5th Cir. 1997). Based on the findings, conclusions, 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. March 12, 2015. ___________________________________ A. JOE FISH Senior United States District Judge -2-

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