United States District Court NORTHERN DISTRICT OF TEXAS DALLAS DIVISION WALTER SHANE KORN, JR. § v. CIVIL ACTION NO. 3:21-CV-1937-S-BK THE STATE OF TEXAS, et al. 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. 9. 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. 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 (Sth Cir. 1997). Based on the Findings, Conclusions, and Recommendation of the United States Magistrate Judge, 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,

(Sth Cir. 1983) (per curiam).!

| 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.

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,

; FED. R. App. P. 24(a)(5). SO ORDERED. SIGNED February 17, 2022 aE STATES DISTRICT JUDGE