Opinion
Civil Action No. 3:17-CV-421-L
05-10-2017
DEMARCUS KENARD JOE, #1047716, Plaintiff, v. UNITED STATES MAGISTRATE JUDGE PAUL D. STICKNEY and COMMISSIONER JOHN WILEY PRICE, Defendants.
ORDER
This case was referred to United States Magistrate Judge Renée Harris Toliver, who entered the Findings, Conclusions and Recommendation of the United States Magistrate Judge ("Report") on April 13, 2017, recommending that this action be dismissed with prejudice pursuant Federal Rule of Civil Procedure 41(b) for failure to prosecute or comply with a court order. No objections to the Report were received as of the date of this order.
After considering the pleadings, file, the record, 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, the court dismisses with prejudice this action pursuant Federal Rule of Civil Procedure 41(b) for failure to prosecute or comply with a court order.
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. 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). The court concludes 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 United States Court of Appeals for the Fifth Circuit. See Baugh, 117 F.3d at 202; Fed. R. App. 24(a)(5).
It is so ordered this 10th day of May, 2017.
/s/_________
Sam A. Lindsay
United States District Judge