Blanton v. Solis et al, No. 3:2021cv00291 - Document 7 (N.D. Tex. 2021)

Court Description: Order Adopting 3 Findings and Recommendations. The court prospectively certifies that any appeal of this action would not be taken in good faith. (Ordered by Senior Judge Sidney A Fitzwater on 3/25/2021) (oyh)

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Blanton v. Solis et al Doc. 7 Case 3:21-cv-00291-D-BK Document 7 Filed 03/25/21 Page 1 of 2 PageID 73 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION DONALD GENE BLANTON, #1307891, Plaintiffs, v. JORGE A. SOLIS, ET AL., Defendants. § § § § § § § Civil Case 3:21-CV-0291-D ORDER The United States Magistrate Judge made findings, conclusions, and a recommendation in this case. No objections were filed. The undersigned district judge reviewed the proposed findings, conclusions, and recommendation for plain error. Finding none, the court adopts the findings, conclusions, and recommendation of the United States Magistrate Judge. 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). If plaintiff Dockets.Justia.com Case 3:21-cv-00291-D-BK Document 7 Filed 03/25/21 Page 2 of 2 PageID 74 appeals, 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. See Baugh, 117 F.3d at 202; Fed. R. App. P. 24(a)(5). SO ORDERED. March 25, 2021. _________________________________ SIDNEY A. FITZWATER SENIOR JUDGE -2-

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