Opinion
Civil Action No. 3:19-CV-02823-X-BK
02-06-2020
JOANTHONY MCGEE, Plaintiff, v. UNITED STATES DEPARTMENT OF STATE, 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. 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 ORDERED that this action is DISMISSED WITHOUT PREJUDICE for failure to comply with a court order and for want of prosecution.
The Court prospectively CERTIFIES that any appeal of this action would not be taken in good faith. In support of this certification, the Court adopts and incorporates by reference the Magistrate Judge's Findings, Conclusions, and Recommendation. 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. 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 Court, U.S. Court of Appeals for the Fifth Circuit.
See Baugh v. Taylor, 117 F.3d 197, 202 and n.21 (5th Cir. 1997).
Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983). 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 court certifies an appeal as not taken in good faith.
See Baugh, 117 F.3d at 202; Fed. R. App. P. 24(a)(5). --------
IT IS SO ORDERED this 6th day of February 2020.
/s/_________
BRANTLEY STARR
UNITED STATES DISTRICT JUDGE