McGee v. Bureau of Consular Affairs

District Court, N.D. Texas

McGee v. Bureau of Consular Affairs

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION JOANTHONY MCGEE, et al., § Plaintiffs, § § v. § Civil Case 3:21-CV-2075-D § BUREAU OF CONSULAR AFFAIRS, § et al., § Defendants. § ORDER The United States Magistrate Judge made findings, conclusions and a recommendation in this case on September 21, 2021. Plaintiff filed objections on October 4, 2021, and the undersigned district judge has made a de novo review of those portions of the proposed findings and recommendation to which objection was made. The objections are overruled, and the court adopts the findings, conclusions, and recommendation of the United States Magistrate Judge. 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. October 28, 2021.

STONE A. \ lO SENIOR JUDGE

Reference

Status
Unknown