IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

A. SHAHEED ABDULLAH, § ID # 19004139, § § Plaintiff, § § v. § Civil Action No. 3:19-CV-1268-L § DALLAS SHERIFF’S OFFICE; NFN § SULLIVAN, DSO Officer; MEDICAL § STAFF; NFN EUBANKS, DSO Officer; § and DSO SARGENT, § § Defendants. §

ORDER

On November 26, 2019, the Findings, Conclusions and Recommendation of the United States Magistrate Judge (“Report”) were entered (Doc. 14), recommending that the court dismiss without prejudice this action by pro se Plaintiff A. Shaheed Abdullah (“Plaintiff”) under Federal Rule of Civil Procedure 41(b) for failure to prosecute or comply with a court order. 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 without prejudice this action under Rule 41(b) for failure to prosecute or comply with a court order. The court prospectively certifies that any appeal of this action would not be taken in good faith. See

(a)(3); Fed. R. App. P. 24(a)(3). In support of this certification, the

* The court notes one typographical error on page one of the Report. It states, “On June 60, 2019, the plaintiff submitted his amended complaint on the proper form.” The correct date, however, is June 20, 2019. This mistake does not affect the recommendation of the Magistrate Judge or any action that the court takes. court incorporates by reference the Report. See Baugh v. Taylor,

, 202 and n.21 (Sth 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,

(Sth 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,

; Fed. R. App. P. 24(a)(5). It is so ordered this 27th day of December, 2019.

United States District Judge

Order — Page 2