Collett v. Collett

Full title: JULIA NICOLLE COLLETT, #1624805, Plaintiffs, v. GARLAND COLLETT, et al.…

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

Date published: Jan 31, 2018

Civil Case 3:17-CV-2684-B-BK (N.D. Tex. Jan. 31, 2018)

Opinion

Civil Case 3:17-CV-2684-B-BK

01-31-2018

JULIA NICOLLE COLLETT, #1624805, Plaintiffs, v. GARLAND COLLETT, et al., Defendants.

JANE J. BOYLE UNITED STATES DISTRICT JUDGE

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 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 this action is DISMISSED without prejudice for want of prosecution. See FED. R. CIV. P. 41(b).

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 finding, the Court adopts and incorporates by reference the Magistrate Judge's Findings, Conclusions, and Recommendation. See Baugh v. Taylor, 117 F.3d 197, 202 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).¹

1 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. --------

SO ORDERED this 31^st day of January 31^st , 2018.

/s/ _________

JANE J. BOYLE

UNITED STATES DISTRICT JUDGE