United States District Court NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

LILIAN FRANCIA COLON § § § § CIVIL ACTION NO. 3:21-CV-2708-S-BK § § FELIX CORONA § 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. See ECF No. 4. No objections were filed. The District 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. This case will be dismissed by separate judgment for lack of subject matter jurisdiction. 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 Court adopts and incorporates by reference the Findings, Conclusions, and Recommendation of the United States Magistrate Judge. See Baugh v. Taylor,

, 202 and n.21 (5th Cir. 1997). Based on the Findings, Conclusions, 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,

(5th Cir. 1983) (per curiam).! In the event of an appeal, Plaintiff may challenge this certification by filing a separate motion to proceed in forma pauperis

' 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.

on appeal with the Clerk of the Court, U.S. Court of Appeals for the Fifth Circuit. See Baugh,

; FED. R. App. P. 24(a)(5). SO ORDERED. SIGNED December 15, 2021.

UNITED STATES DISTRICT JUDGE