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Limbrick v. Rivers

United States District Court, Northern District of Texas
Dec 7, 2023
CIVIL 3:23-CV-0312-D (N.D. Tex. Dec. 7, 2023)

Opinion

CIVIL 3:23-CV-0312-D

12-07-2023

JOEL LIMBRICK, #44375-177, PETITIONER, v. C. RIVERS, WARDEN, RESPONDENT.


ORDER

SIDNEY A. FITZWATER, SENIOR JUDGE

The United States Magistrate Judge made findings, conclusions, and a recommendation in this case. No objections were filed. The court 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). In the event of an appeal, petitioner 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.


Summaries of

Limbrick v. Rivers

United States District Court, Northern District of Texas
Dec 7, 2023
CIVIL 3:23-CV-0312-D (N.D. Tex. Dec. 7, 2023)
Case details for

Limbrick v. Rivers

Case Details

Full title:JOEL LIMBRICK, #44375-177, PETITIONER, v. C. RIVERS, WARDEN, RESPONDENT.

Court:United States District Court, Northern District of Texas

Date published: Dec 7, 2023

Citations

CIVIL 3:23-CV-0312-D (N.D. Tex. Dec. 7, 2023)

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