Case Information
*1 Case 3:20-cv-02034-E-BK Document 9 Filed 09/09/20 Page 1 of 2 PageID 47 Case 3:20-cv-02034-E-BK Document 9 Filed 09/09/20 Page 1 of 2 PageID 47
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION DUANE L. BERRY (#62250-019), ET AL., §
Plaintiff, § § v. § CIVIL NO. 3:20-CV-2034-E-BK
§ DANIELLE POWERS, §
Defendant. § ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
The United States Magistrate Judge made Findings, Conclusions, and a Recommendation in this case. No objections were filed. The Court reviewed the proposed findings, conclusions and recommendation for plain error. Finding none, the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge.
IT IS THEREFORE ORDERED that this action is summarily DISMISSED WITH PREJUDICE as frivolous. See 28 U.S.C. § 1915(e)(2)(B).
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); F ED . R. A PP . P. 24(a)(3). In support of this certification, 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. 1983) (per curiam). [1] 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 *2 Case 3:20-cv-02034-E-BK Document 9 Filed 09/09/20 Page 2 of 2 PageID 48 Case 3:20-cv-02034-E-BK Document 9 Filed 09/09/20 Page 2 of 2 PageID 48 the Court, U.S. Court of Appeals for the Fifth Circuit. See Baugh , 117 F.3d at 202; F ED . R. A PP . P. 24(a)(5).
SO ORDERED this 9th day of September, 2020.
________________________________ UNITED STATES DISTRICT JUDGE 2
[1] Federal Rule of Appellate Procedure 4(a) governs the time to appeal an order. A timely notice of appeal must be filed even if the court certifies an appeal as not taken in good faith. 1