Cheek v. Northern District Court, No. 3:2016cv01051 - Document 7 (N.D. Tex. 2016)

Court Description: Order Adopting 6 Findings and Recommendations. The court certifies that any appeal of this action would not be taken in good faith. (Ordered by Judge Sidney A Fitzwater on 5/24/2016) (trk)

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Cheek v. Northern District Court Doc. 7 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION JOHNNY RAY CHEEK, #42969-177 Petitioner, v. NORTHERN DISTRICT COURT, Respondent. ' ' ' ' ' ' ' 3:16-CV-1051-D-BK 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 the petition for writ of habeas corpus under 28 U.S.C. § 2241 is dismissed without prejudice for want of jurisdiction. 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 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). If petitioner appeals, he may challenge this certification by filing a separate motion to proceed in forma pauperis on appeal with the Clerk of the Court, United States Court of Appeals for Dockets.Justia.com the Fifth Circuit. See Baugh, 117 F.3d at 202; Fed. R. App. P. 24(a)(5). SO ORDERED. May 24, 2016. _________________________________ SIDNEY A. FITZWATER UNITED STATES DISTRICT JUDGE

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