Enwere v. Neal et al, No. 3:2017cv01092 - Document 21 (N.D. Tex. 2018)

Court Description: Order Accepting 14 Findings and Recommendations. The court certifies that any appeal of this action would not be taken in good faith. (Ordered by Judge Sam A Lindsay on 4/9/2018) (epm)

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IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION CATHY ENWERE, Plaintiff, v. CATHY NEAL; WALMART; and CMI COMPANY, Defendants. § § § § § § § § § Civil Action No. 3:17-CV-1092-L-BK ORDER The case was referred to United States Magistrate Judge Renée Harris Toliver, who entered the Findings, Conclusions and Recommendation of the United States Magistrate Judge (“Report”) on January 30, 2018, recommending that the court dismiss without prejudice this action for lack of jurisdiction. No objections to the Report were filed. After carefully reviewing the pleadings, file, record in this case, and Report, the court determines that the findings and conclusions of the magistrate judge are correct, accepts them as those of the court, and dismisses without prejudice this action for lack 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 certification, the court incorporates by reference the Report. See Baugh v. Taylor, 117 F.3d 197, 202 and n.21 (5th Cir. 1997). The court concludes 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). In the * Plaintiff filed a motion to amend her pleadings to plead additional state law claims but the motion was denied by the magistrate judge on March 14, 2018, because the proposed amendment did not cure the jurisdictional deficiency noted in the Report. Order – Page 1 event of an appeal, Plaintiff may challenge this certification 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 9th day of April, 2018. _________________________________ Sam A. Lindsay United States District Judge Order – Page 2

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