Napper v. Chief US Marshal et al, No. 3:2016cv02759 - Document 6 (N.D. Tex. 2016)

Court Description: Order Accepting Findings and Recommendations re: 5 Findings and Recommendations on Case re: 3 Complaint, filed by Jessy Napper. (Ordered by Judge Sam A Lindsay on 11/29/2016) (mem)

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Napper v. Chief US Marshal et al Doc. 6 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION JESSY NAPPER, #22952-076, Petitioner, v. CHIEF U.S. MARSHAL, et al., Respondents. § § § § § § § § Civil Action No. 3:16-CV-2759-L ORDER On November 7, 2016, Magistrate Judge Renée Harris Toliver entered the Findings, Conclusions and Recommendation of the United States Magistrate Judge (“Report”), recommending that the court dismiss without prejudice this case, pursuant to Federal Rule of Civil Procedure 41(b), for want of prosecution. No objections to the Report were received as of the date of this order. Having reviewed the pleadings, file, record in this case, and Report, the court determines that the findings and conclusions of the magistrate judge are correct, and accepts them as those of the court. Accordingly, the court dismisses without prejudice this action for want of prosecution pursuant to Rule 41(b). 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 accepts and incorporates by reference the Report. See Baugh v. Taylor, 117 F.3d 197, 202 and n.21 (5th Cir. 1997). Based on the Report, the court finds that any appeal of this action would present no legal point of arguable merit and would, therefore, be frivolous. See Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983). In the event of an appeal, Plaintiff may challenge this certification Order – Page 1 Dockets.Justia.com by filing a separate motion to proceed in forma pauperis on appeal with the clerk of the United States Court of Appeals for the Fifth Circuit. See Baugh, 117 F.3d at 202; Fed. R. App. P. 24(a)(5). It is so ordered this 29th day of November, 2016. _________________________________ Sam A. Lindsay United States District Judge Order – Page 2

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