Hodge v. State of Texas ( 2019 )

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION MARQUISE DAVAR HODGE, #3497-18, § PLAINTIFF, § § V. § CIVIL CASE NO. 3:19-CV-1094-M-BK § § STATE OF TEXAS, 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. 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. IT IS THEREFORE ORDERED that Plaintiff’s claims seeking to dismiss the pending state criminal charge should be DISMISSED WITHOUT PREJUDICE as barred by the Younger abstention doctrine, and his remaining claims should be summarily DISMISSED WITH PREJUDICE as frivolous and for failure to state a claim under 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b). 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. Howard y. King, 707 F.2d 215, 220 (Sth Cir. 1983) (per curiam).! 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)(S5). SO ORDERED this 13th day of August, 2019. i yp [YCVA AAR I