Opinion
Civil Action No. 3:19-CV-1395-L
09-13-2019
LATORRENCE NEWMAN, Plaintiff, v. DALLAS COUNTY, Defendant.
ORDER
The Findings, Conclusions and Recommendation of the United States Magistrate Judge ("Report") (Doc. 9) was entered on July 18, 2019, recommending that the court dismiss without prejudice this action for lack of subject matter jurisdiction. No objections to the Report were filed.
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; accepts them as those of the court, and 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). Based on the Report, the court finds that any appeal of this action would present no legal point of arguable merit and would, therefore, be frivolous. See 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 13th day of September, 2019.
/s/_________
Sam A. Lindsay
United States District Judge