Opinion
Civil Action 3:22-CV-1598-X-BH
03-24-2023
DELORIS PHILLIPS, Plaintiff, v. TEXAS DEPARTMENT OF INSURANCE-DIVISION OF WORKERS COMPENSATION, et al., Defendant.
ORDER ACCEPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
BRANTLEY STARR, UNITED STATES DISTRICT JUDGE
The United States Magistrate Judge made a recommendation in this case. [Doc. No. 24]. Plaintiff filed an objection. In this objection, Plaintiff appears to argue that she has been denied due process. The District Court reviewed de novo those portions of the recommendation to which objection was made and reviewed the remaining proposed recommendation for plain error. Finding none, the Court ACCEPTS the recommendation of the United States Magistrate Judge.
Under Fed. R. App. P. 24(a)(3) and 28 U.S.C. § 1915(a)(3), the Court finds that the appeal is not taken in good faith and that it presents no legal points of arguable merit. For the reasons set forth in the Magistrate Judge's findings, conclusions, and recommendation on July 25, 2022, [Doc. No. 4], the Court finds this appeal frivolous. Accordingly, the Court DENIES the request for leave to proceed in forma pauperis on appeal. Additionally, the Court DENIES the motion for an evidentiary hearing
IT IS SO ORDERED