Semple v. Hickory Trail Hospital LP, No. 3:2017cv01561 - Document 18 (N.D. Tex. 2018)

Court Description: Order Accepting 17 Findings and Recommendations re: 3 Complaint. 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 JOANN B. SEMPLE, Plaintiff, v. HICKORY TRAIL HOSPITAL, LP, Defendant. § § § § § § § § Civil Action No. 3:17-CV-1561-L-BT ORDER The case was referred to Magistrate Judge Rebecca Rutherford, who entered the Findings, Conclusions and Recommendation of the United States Magistrate Judge (“Report”) on January 30, 2018, recommending that the court dismiss with prejudice as frivolous this action under 28 U.S.C. § 1915(e). 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 with prejudice this action as frivolous pursuant to 28 U.S.C. § 1915(e).* 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 * On January 30, 2018, after Plaintiff responded to the magistrate judge’s questionnaire, the magistrate judge vacated a prior Report entered on November 20, 2018, that recommended dismissal of the action for want of prosecution. Plaintiff also amended her pleadings before the magistrate judge entered the most recent Report recommending that the action be dismissed as frivolous. Order – Page 1 merit and would, therefore, be frivolous. Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983). In the 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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