Okere v. Dall. Cnty. Democratic Party

Full title: KELECHI S. OKERE, Plaintiff, v. DALLAS COUNTY DEMOCRATIC PARTY, Defendant.

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

Date published: Jun 1, 2020

CIVIL CASE NO. 3:19-CV-2318-X-BK (N.D. Tex. Jun. 1, 2020)

Opinion

CIVIL CASE NO. 3:19-CV-2318-X-BK

06-01-2020

KELECHI S. OKERE, Plaintiff, v. DALLAS COUNTY DEMOCRATIC PARTY, Defendant.

BRANTLEY STARR UNITED STATES DISTRICT JUDGE

ORDER ACCEPTING FINDINGS , CONCLUSIONS AND RECOMMENDATIONOF 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. See FED. R. CIV. P. 41(b).

The Court prospectively CERTIFIES that any appeal of this action would not be taken in good faith.¹ In support of this certification, the Court adopts and incorporates by reference the Magistrate Judge's Findings, Conclusions, and Recommendation.² 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.³ 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.⁴

1 See 28 U.S.C. § 1915(a)(3); Fed. R. App. P. 24(a)(3).

2 See Baugh v. Taylor, 117 F.3d 197, 202 and n.21 (5th Cir. 1997).

3 Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983).

4 See Baugh, 117 F.3d at 202; Fed. R. App. P. 24(a)(5). --------

SO ORDERED this 1st day of June, 2020.

/s/_________

BRANTLEY STARR

UNITED STATES DISTRICT JUDGE