Opinion
3:13-cv-2634-O-BK
09-04-2013
SENRICK SHERN WILKERSON, #10093432, Plaintiff, v. BROOKE B. GRONA-ROBB, 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. To the extent Plaintiff objected, Plaintiff's objections were untimely (ECF Nos. 12 & 13). See Fed. R. Civ. P. 72(b)(2). Accordingly, 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.
IT IS THEREFORE ORDERED that this action is DISMISSED with prejudice as frivolous. See 28 U.S.C. § 1915A(b). In addition, Plaintiff is WARNED that sanctions may be imposed if he persists in filing frivolous lawsuits.
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 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).
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Reed O'Connor
UNITED STATES DISTRICT JUDGE