Oliver v. State of Texas
Oliver v. State of Texas
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION ALBERT KEYES, § Plaintiffs, § § v. § Civil Case 3:19-CV-2004-B-BK § WELLS FARGO BANK NATIONAL § ASSOCIATION, ET AL., § Defendants. § ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE The United States Magistrate Judge issued findings, conclusions and a recommendation in this case. Plaintiff filed a letter objection along with unspecified discovery matters. On October 29, 2019, the Magistrate Judge recommended that this case be dismissed for failure to comply with the Court’s deficiency order, which required Plaintiff to file an amended motion to proceed in forma pauperis and provide additional details about his current employment, home value, mortgage, and average monthly income and expenses. In his November 8, 2019 objection , Plaintiff complains only about his underlying claims. He does not provide any supplemental information about his financial circumstances or file an amended motion to proceed in forma pauperis. He also does not explain his failure to comply with the deficiency order. Having made a de novo review of those portions of the proposed findings and recommendation to which objection was made, Plaintiff’s objection is overruled. The Court ACCEPTS the Findings, Conclusions and Recommendation of the United States Magistrate Judge. THEREFORE ORDERED that this action is DISMISSED without prejudice for failure to comply with a court order and for want of prosecution. See FED. R. CIV. P. 41(b). Plaintiff's September 17, 2019 motion to proceed in forma pauperis is DENIED. 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). 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 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 this 13" day of December, 2019.
UMITED ST S DISTRICT JUDGE
'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 district court certifies an appeal as not taken in good faith.
Reference
- Status
- Unknown