Cathey v. Pickthull et al, No. 3:2017cv01966 - Document 10 (N.D. Tex. 2017)

Court Description: Order Adopting Findings and Recommendations re: 8 Findings and Recommendations. The court certifies that any appeal of this action would not be taken in good faith. (Ordered by Judge Sidney A Fitzwater on 11/27/2017) (ams)

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Cathey v. Pickthull et al Doc. 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION CLARANCE CATHEY, #2022995, Plaintiffs, v. MONICA PICKTHULL, et al., Defendants. § § § § § § § Civil Case No. 3:17-CV-1966-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 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, 220 (5th Cir. Dockets.Justia.com 1983). SO ORDERED. November 27, 2017. _________________________________ SIDNEY A. FITZWATER UNITED STATES DISTRICT JUDGE

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