Goodloe v. Hogan ( 2019 )

United States District Court NORTHERN DISTRICT OF TEXAS DALLAS DIVISION MAG III, § MICHAEL ANTHONY GOODLOE, JR. = § MICHAEL ANTHONY GOODLOE, § and KIM GOODLOE, § § § CASE NO. 3:19-CV-848-S-BK v, § § ZAVIEUS HOGAN, § TIFFANY HOGAN, and § UNKNOWN HOGAN § ORDER ACCEPTING FINDINGS, CONCLUSION 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 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 prospectively CERTIEFIES 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 (Sth 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 (Sth Cir. 1983).! In the event of an appeal, Plaintiff may challenge this certification by filing ' 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. 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. SIGNED August / , 2019. UNITED STATES DISTRICT JUDGE