IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS WICHITA FALLS DIVISION

JIM B. ESTES, § TDCJ No. 1003415, § § Plaintiff, § § v. § Civil Action No. 7:20-cv-00098-M-BP § JOSEPH M. EASTRIDGE, et al., § § Defendants. §

ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

The United States Magistrate Judge made Findings, Conclusions, and a Recommendation in this case. Plaintiff filed objections on March 2, 2022 [ECF No. 40]. The District Court reviewed the proposed Findings, Conclusions, and Recommendation de novo. Finding no error, the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge. It is therefore ORDERED that Plaintiff’s Amended Motion Seeking Leave to Proceed In Forma Pauperis on Appeal filed on December 7, 2021 (ECF No. 35) is DENIED. The Court CERTIFIES that the appeal of this action is not 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 Magistrate Judge's Findings, Conclusions, and Recommendation. See Baugh v. Taylor,

, 202 & n.21 (5th Cir. 1997). Based on the Findings and Recommendation, the Court finds that the appeal of this action presents no legal point of arguable merit and is, therefore, frivolous. Howard v. King,

(5th Cir. 1983) (per curiam). 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 this 28th day of March, 2022.

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