Golden v. USA, No. 3:2019cv01991 - Document 21 (N.D. Tex. 2022)
Court Description: Order Adopting 17 Findings and Recommendations. The court certifies that any appeal of this action would not be taken in good faith. (Ordered by Senior Judge Sidney A Fitzwater on 10/28/2022) (oyh)
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Golden v. USA Doc. 21 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION DONALD GOLDEN, #83671-079 Movant, v. UNITED STATES OF AMERICA, Respondent. § § § § § § § § No. 3:19-CV-1991-D ORDER After making an independent review of the pleadings, files, and records in this case, and the findings, conclusions, and recommendation of the United States Magistrate Judge dated September 2, 2022, the court finds that the findings and recommendation of the magistrate judge are correct, and they are adopted as the findings, conclusions, and recommendation of the court. Accordingly, the September 2, 2022 findings, conclusions, and recommendation of the United States Magistrate Judge are adopted, and movant’s August 23, 2022 application to appeal in forma pauperis is denied. For the reasons set out in the magistrate judge’s April 11, 2022 findings, conclusions, and recommendation, the court finds that movant’s appeal is not taken in good faith and presents no legal points of arguable merit, and would be frivolous. Movant may challenge the court’s finding that his appeal is not taken in good faith by filing a separate motion to proceed in forma pauperis on appeal with the Clerk of Court for the United States Court of Appeals for the Fifth Circuit within 30 days from the date of this order. See Fed. R. Dockets.Justia.com App. P. 24(a)(5). SO ORDERED. October 28, 2022. _________________________________ SIDNEY A. FITZWATER SENIOR JUDGE 2
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