Hill v. Dallas County District Attorney's Office et al, No. 3:2015cv01311 - Document 14 (N.D. Tex. 2015)

Court Description: Order Adopting Findings and Recommendations re: 10 Findings and Recommendations on Motion re: 8 Motion for Leave to Proceed in forma pauperis filed by T H Hill. (Ordered by Judge Sidney A Fitzwater on 7/23/2015) (Judge Sidney A Fitzwater)

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Hill v. Dallas County District Attorney's Office et al Doc. 14 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION T.H. HILL, Plaintiff, vs. DALLAS COUNTY DISTRICT ATTORNEY’S OFFICE, et al., Defendant. ) ) ) ) ) ) ) No. 3:15-CV-1311-D ORDER After making an independent review of the pleadings, files, and records in this case, and the May 26, 2015 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. Accordingly, plaintiff’s May 5, 2015 application to proceed in district court without prepaying fees or costs is denied. Unless plaintiff pays the filing fee no later than August 27, 2015, this action will be dismissed without prejudice under Fed. R. Civ. P. 41(b) for failure to prosecute this case or to follow a court order. Plaintiff’s filing of a notice of appeal on June 1, 2015 does not deprive this court of jurisdiction to enter this order because plaintiff filed the notice of appeal after the magistrate judge filed her report and recommendation, which is not an appealable order. See Propes v. Dretke, 130 Dockets.Justia.com Fed Appx. 654, 655 (5th Cir. 2005) (citing United States v. Cooper, 135 F.3d 960, 963 (5th Cir. 1998) (“[A] magistrate judge’s report is not an appealable judgment”.)). SO ORDERED. July 23, 2015. _________________________________ SIDNEY A. FITZWATER UNITED STATES DISTRICT JUDGE 2

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