Russell v. Dallas County Jail et al, No. 3:2019cv01796 - Document 13 (N.D. Tex. 2019)

Court Description: Order Accepting Findings and Recommendations. The court certifies that any appeal of this action would not be taken in good faith. re: 11 Findings and Recommendations on Case re: 3 Complaint,, filed by Patrick Gene Russell. IT IS THEREFORE ORDERED that that this action is summarily DISMISSED WITH PREJUDICE as frivolous. See 28 U.S.C. § 1915(e)(2)(B); 28 U.S.C. § 1915A(b). (Ordered by Judge David C Godbey on 10/25/2019) (ewd)

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Russell v. Dallas County Jail et al Doc. 13 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION PATRICK GENE RUSSELL, #18016446 Plaintiff, v. DALLAS COUNTY JAIL, ET AL., Defendants. § § § § § CIVIL NO. 3:19-CV-1796-N-BK § § § ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE The United States Magistrate Judge made Findings, Conclusions, and a Recommendation in this case. Plaintiff filed objections, and the Court has made a de novo review of those portions of the proposed findings and recommendation to which objection was made. The objections are overruled, and the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge. IT IS THEREFORE ORDERED that that this action is summarily DISMISSED WITH PREJUDICE as frivolous. See 28 U.S.C. § 1915(e)(2)(B); 28 U.S.C. § 1915A(b). This dismissal will count as a “strike” or “prior occasion” within the meaning of 28 U.S.C. § 1915(g). 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 adopts and incorporates by reference the Magistrate Judge’s Findings, Conclusions, and Recommendation. See Baugh v. Taylor, 117 F.3d 197, 202 and 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. Dockets.Justia.com Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983).1 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, 117 F.3d at 202; FED. R. APP. P. 24(a)(5). SO ORDERED this 25th day of October, 2019. _________________________________ UNITED STATES DISTRICT JUDGE 1 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.

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