Roberts v. Garland Police Department, No. 3:2022cv01895 - Document 12 (N.D. Tex. 2022)
Court Description: Order Accepting 10 Findings and Recommendations and Denying Certificate of Appealability. Action dismissed without prejudice under Federal Rule 41(b) for failure to prosecute and comply with a court order. (Ordered by Judge Sam A. Lindsay on 11/9/2022) (chmb)
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Roberts v. Garland Police Department Doc. 12 Case 3:22-cv-01895-L-BK Document 12 Filed 11/09/22 Page 1 of 2 PageID 33 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION GREG LEVIN ROBERTS, Plaintiff, v. GARLAND POLICE DEPARTMENT, Defendant. § § § § § § § § § Civil Action No. 3:22-CV-1895-L-BK ORDER On October 18, 2022, the United States Magistrate Judge entered the Findings, Conclusions and Recommendation of the United States Magistrate Judge (Doc. 10) (“Report”), recommending that the court dismiss without prejudice this action pursuant to Federal Rule of Civil Procedure 41(b) as a result of Plaintiff’s failure to prosecute and comply with a court order. No objections to the Report were filed or received as of the date of this order, and the deadline for objections has expired. Having considered the pleadings, Report, file, and record in this case, the court determines that the magistrate judge’s findings and conclusions are correct, and accepts them as those of the court. Accordingly, the court dismisses without prejudice this action pursuant to Rule 41(b) for failure to prosecute and comply with a court order. 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 accepts and incorporates by reference the Report. See Baugh v. Taylor, 117 F.3d 197, 202 and n.21 (5th Cir. 1997). Based on the Report, the court finds that any appeal of this action would present no legal point of arguable merit and would, therefore, be frivolous. See Howard v. King, Order – Page 1 Dockets.Justia.com Case 3:22-cv-01895-L-BK Document 12 Filed 11/09/22 Page 2 of 2 PageID 34 707 F.2d 215, 220 (5th Cir. 1983). Plaintiff, however, may challenge this finding pursuant to Baugh v. Taylor, 117 F. 3d 197 (5th Cir. 1997), by filing a separate motion to proceed in forma pauperis on appeal with the Clerk of Court, United States Court of Appeals for the Fifth Circuit, within 30 days of this order. It is so ordered this 9th day of November, 2022. _________________________________ Sam A. Lindsay United States District Judge Order – Page 2
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