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Wilson v. Jackson

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION
Dec 8, 2014
3:14-CV-03748-N-BK (N.D. Tex. Dec. 8, 2014)

Opinion

3:14-CV-03748-N-BK

12-08-2014

RONALD WILSON, Plaintiff, v. TROYLANDIA ANDREA JACKSON et al., Defendants.


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. 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.

IT IS THEREFORE ORDERED that the complaint is summarily DISMISSED with prejudice as frivolous. See 28 U.S.C. § 1915(e)(2)(B). Plaintiff is WARNED that sanctions may be imposed if he persists in filing frivolous or baseless actions.

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). 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, 117 F.3d at 202; FED. R. APP. P. 24(a)(5).

SO ORDERED this December 8, 2014.

/s/_________

UNITED STATES DISTRICT JUDGE

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.


Summaries of

Wilson v. Jackson

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION
Dec 8, 2014
3:14-CV-03748-N-BK (N.D. Tex. Dec. 8, 2014)
Case details for

Wilson v. Jackson

Case Details

Full title:RONALD WILSON, Plaintiff, v. TROYLANDIA ANDREA JACKSON et al., Defendants.

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

Date published: Dec 8, 2014

Citations

3:14-CV-03748-N-BK (N.D. Tex. Dec. 8, 2014)

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