Williams v. Local Entities
Williams v. Local Entities
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION
JORDAN WILLIAMS, § § Plaintiff, § § v. § Civil Action No. 3:22-CV-787-L-BK § LOCAL ENTITIES, § § Defendants. § ORDER On September 25, 2022, the United States Magistrate Judge entered the Findings, Conclusions and Recommendation of the United States Magistrate Judge (Doc. 29) (“Report”), recommending that the court, pursuant to
28 U.S.C. § 1915(e)(2)(B), dismiss with prejudice as frivolous this action by Plaintiff. No objections to the Report were filed or received as of the date of this order, and the deadline for objections has expired. Having considered the pleadings, Report, file, and record in this case, the court determines that the magistrate judge’s findings and conclusions are correct, and accepts them as those of the court. Accordingly, pursuant to
28 U.S.C. § 1915(e)(2)(B), the court dismisses with prejudice this action by Plaintiff as frivolous. 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 certification, the court accepts and incorporates by reference the Report. See Baugh v. Taylor,
117 F.3d 197, 202 and n.21 (5th Cir. 1997). Based on the Report, the court finds that any appeal of this action would present no legal point of arguable merit and would, therefore, be frivolous. See Howard v. King,
707 F.2d 215, 220(5th Cir. 1983). Plaintiff, however, may challenge this finding pursuant to Order – Page 1 Baugh v. Taylor,
117 F. 3d 197(5th Cir. 1997), by filing a separate motion to proceed in forma pauperis on appeal with the Clerk of Court, United States Court of Appeals for the Fifth Circuit, within 30 days of this order. It is so ordered this 31st day of October, 2022.
Sam A. Lindsay 4. United States District Judge
Order — Page 2
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