Estrada v. Dallas Morning News
Estrada v. Dallas Morning News
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION
ANITA ESTRADA, § § Plaintiff, § § v. § Civil Action No. 3:23-CV-2841-L-BT § DALLAS MORNING NEWS, § § Defendant. §
ORDER
On July 11, 2024, the Findings, Conclusions and Recommendation of the United States Magistrate Judge (“Report”) (Doc. 9) was entered, recommending that the court, pursuant to
28 U.S.C. § 1915(e)(2)(B), dismiss with prejudice this action by pro se Plaintiff Anita Estrada and all claims asserted by her for failure to state a claim upon which relief can be granted. These claims include those for alleged copyright violations and the issuance of a “report” by “Tod Robinson” that allegedly takes all the credit for research on a “cat burglar case” for which Plaintiff “did all the work.” Report 1 (citations omitted). No objections to the Report were filed, and the deadline for filing objections has expired. Having considered the pleadings, file, record in this case, and Report, the court determines that the findings and conclusions of the magistrate judge are correct, and accepts them as those of the court. Accordingly, pursuant to § 1915(e)(2)(B), the court dismisses with prejudice this action and all claims asserted by Plaintiff. 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 (Sth 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(Sth Cir. 1983). 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 United States Court of Appeals for the Fifth Circuit. See Baugh,
117 F.3d at 202; Fed. R. App. P. 24(a)(S5). It is so ordered this 2nd day of August, 2024.
United States District Judge
Order — Page 2
Reference
- Status
- Unknown