Wesley v. Metro Care Services, No. 3:2016cv02080 - Document 10 (N.D. Tex. 2016)

Court Description: Order Accepting Findings and Recommendations. The court certifies that any appeal of this action would not be taken in good faith. IT IS THEREFORE ORDERED that this action is DISMISSED without prejudice for want of prosecution. See FED. R. CIV. P. 41(b). re: 9 Findings and Recommendations on Case re: 3 Complaint, filed by Willis Wesley, III. (Ordered by Judge Jane J Boyle on 10/24/2016) (mem)

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Wesley v. Metro Care Services Doc. 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION WILLIS WESLEY, III, Plaintiffs, v. METRO CARE SERVICES, Defendants. § § § § § § § Civil Case 3:16-CV-2080-B-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. IT IS THEREFORE ORDERED that this action is DISMISSED without prejudice for want of prosecution. See FED. R. CIV. P. 41(b). The Court 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, Dockets.Justia.com 220 (5th Cir. 1983).1 SO ORDERED this 24th day of October, 2016. _________________________________ JANE J. BOYLE UNITED STATES DISTRICT JUDGE 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.

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