Whiting-Bey v. Dehner

Full title: FLOYD-EARL WHITING-BEY, Plaintiff, v. ANGELINA DEHNER, et al., Defendants.

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

Date published: Dec 10, 2013

Civil No. 3:13-CV-2827-M-BK (N.D. Tex. Dec. 10, 2013)

Opinion

Civil No. 3:13-CV-2827-M-BK

12-10-2013

FLOYD-EARL WHITING-BEY, Plaintiff, v. ANGELINA DEHNER, et al., Defendants.

BARBARA M. G. LYNN

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. 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 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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BARBARA M. G. LYNN

UNITED STATES DISTRICT JUDGE

NORTHERN DISTRICT OF TEXAS