Nelson v. Paschal
Nelson v. Paschal
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION KATREANA L.M. NELSON, § § Plaintiff, § § v. § Civil Action No. 3:19-CV-1235-L § ARON PASCHAL; MICHAEL GLEN, § a/k/a Keycy Truelove; and DR. NFN SAW, § c/o Keensburg Dental, § § Defendants. § ORDER On June 27, 2019, the Findings, Conclusions and Recommendation of the United States Magistrate Judge (“Report”) (Doc. 7) was entered, recommending that the court dismiss with prejudice this action under
28 U.S.C. § 1915(e)(2)(B) as frivolous. No objections to the Report were filed. Having reviewed the pleadings, file, record in this case, and Report, the court determines that the findings and conclusions of the magistrate judge are correct, accepts them as those of the court, and dismisses with prejudice this action as frivolous under
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); Fed. R. App. P. 24(a)(3). In support of this certification, the court incorporates by reference the Report. See Baugh v. Taylor,
117 F.3d 197, 202 and n.21 (5th Cir. 1997). The court concludes 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). 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 the United States Court of Appeals for the Fifth Circuit. See Baugh,
117 F.3d at 202; Fed. R. App. P. 24(a)(5). It is so ordered this 16th day of July, 2019.
“Sam A. Lindsay United States District Judge
Order — Page 2
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