Blankenship v. Land & Deed Office

District Court, N.D. Texas

Blankenship v. Land & Deed Office

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

JOHNIE RAY BLANKENSHIP, § PLAINTIFF, § § V. § CIVIL CASE NO. 3:23-CV-0256-D § LAND & DEED OFFICE, § DEFENDANT. §

ORDER

The United States Magistrate Judge made findings, conclusions, and a recommendation in this case. No objections were filed. The undersigned district judge reviewed the proposed findings, conclusions, and recommendation for plain error. Finding none, 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 certification, the court adopts and incorporates by reference the magistrate judge’s findings, conclusions, and recommendation. See Baugh v. Taylor,

117 F.3d 197

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

707 F.2d 215, 220

(5th Cir. 1983) (per curiam). If plaintiff appeals, he 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. March 23, 2023. ____________________________________ SIDNEY A. FITZWATER SENIOR JUDGE

Reference

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