Summary
dismissing with prejudice claims barred by claim preclusion
Summary of this case from Lindsey v. Cnty. of Dall.Opinion
Civil Action No. 3:14-CV-3554-N-BK
03-30-2015
ORDER ACCEPTING THE 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 District 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.
The Court CERTIFIES that, in the event Plaintiff seeks leave to proceed in forma pauperis, any appeal of this action would not be taken in good faith. See 28 U.S.C. § 1915(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, Conclusions, 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).
SO ORDERED this 30th day of March, 2015.
/s/_________
THE HONORABLE DAVID C. GODBEY
UNITED STATES DISTRICT JUDGE