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Toliver v. Gutierrez

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION
Dec 22, 2020
No. 3:20-cv-3394-E-BN (N.D. Tex. Dec. 22, 2020)

Opinion

No. 3:20-cv-3394-E-BN

12-22-2020

ANDREW TOLIVER, TDCJ No. 1715875, Plaintiff, v. DAVID GUTIERREZ, 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 as to the construed motion for leave to amend after dismissing of the initial complaint [Dkt. No. 3] (the FCR).

No objections were filed. The District Court reviewed the proposed findings, conclusions, and recommendation for plain error. Finding none, the Court ACCEPTS the FCR.

Leave to amend is therefore DENIED.

The Court also DENIES the motion for leave to proceed in forma pauperis (IFP) [Dkt. No. 4] and prospectively CERTIFIES, under 28 U.S.C. § 1915(a)(3), and as fully explained in the FCR [Dkt. No. 5], that any appeal that Plaintiff may take would not be taken in good faith.

And the Court notifies Plaintiff that he may challenge this finding under Baugh v. Taylor, 117 F.3d 197 (5th Cir. 1997), by filing a separate motion to proceed IFP on appeal with the Clerk of the Court, U.S. Court of Appeals for the Fifth Circuit, within 30 days of this order.

SO ORDERED this 22n day of December, 2020.

/s/_________

ADA BROWN

UNITED STATES DISTRICT JUDGE


Summaries of

Toliver v. Gutierrez

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION
Dec 22, 2020
No. 3:20-cv-3394-E-BN (N.D. Tex. Dec. 22, 2020)
Case details for

Toliver v. Gutierrez

Case Details

Full title:ANDREW TOLIVER, TDCJ No. 1715875, Plaintiff, v. DAVID GUTIERREZ, ET AL.…

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

Date published: Dec 22, 2020

Citations

No. 3:20-cv-3394-E-BN (N.D. Tex. Dec. 22, 2020)