Opinion
Civil Case No. 3:20-CV-1665-L-BK
08-28-2020
CHRISTOPHER HAMES, SR., #19060141, Petitioner, v. LORIE DAVIS-DIRECTOR TDCJ-CID, Respondent.
ORDER
On July 20, 2020, the Findings, Conclusions and Recommendation of the United States Magistrate Judge ("Report") (Doc. 7) was entered, recommending that the court dismiss without prejudice this habeas action brought pursuant to 28 U.S.C. § 2241 for lack of subject matter jurisdiction. No objections to the Report were filed as of the date of this order.
Having reviewed the pleadings, file, record in this case, 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 without prejudice this action for lack of subject matter jurisdiction.
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 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. P. 24(a)(5).
It is so ordered this 28th day of August, 2020.
/s/_________
Sam A. Lindsay
United States District Judge