Johnson v. Nixon et al, No. 3:2017cv01901 - Document 10 (N.D. Tex. 2018)
Court Description: Order Accepting 8 Findings and Recommendations on Case re: 2 Complaint. The court certifies that any appeal of this action would not be taken in good faith. (Ordered by Judge Sidney A Fitzwater on 5/1/2018) (epm)
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Johnson v. Nixon et al Doc. 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION TYRONE JOHNSON, #02948-000, Plaintiff, v. JIMMY G. NIXON, et al, Defendants. § § § § § § § Civil Case 3:17-CV-1901-D 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 this action is dismissed without prejudice for lack of jurisdiction. See Fed. R. Civ. P. 12(h)(3). 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, 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). 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 Court, U.S. Court of Appeals for the Fifth Circuit. Dockets.Justia.com See Baugh, 117 F.3d at 202; FED. R. APP. P. 24(a)(5). SO ORDERED. May 1, 2018. _________________________________ SIDNEY A. FITZWATER UNITED STATES DISTRICT JUDGE -2-
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