The opinion
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
BRUCE ALLEN MASSEY, §
§
Plaintiff, §
§
v. § Civil Action No. 3:21-CV-452-L-BK
§
MARIAN BROWN, SHERIFF, §
§
Defendant. §
ORDER
The Findings, Conclusions and Recommendation of the United States Magistrate Judge
(“Report”) (Doc. 15) was entered on June 2, 2021, recommending that this action be dismissed
without prejudice for failure to prosecute and comply with a court order under Federal Rule of
Civil Procedure 41(b). No objections to the Report were filed as of the date of this order, and the
deadline for filing objections has expired.
Having considered the file, record in this case, and Report, the court determines that the
findings and conclusions of the magistrate judge are correct, and accepts them as those of the
court. Accordingly, pursuant to Rule 41(b), the court dismisses without prejudice this action for
failure to prosecute and comply with a court order.
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 accepts and incorporates by reference the Report. See Baugh v. Taylor, 117 F.3d 197, 202
and n.21 (5th Cir. 1997). Based on the Report, the court finds that any appeal of this action would
present no legal point of arguable merit and would, therefore, be frivolous. See Howard v. King,
707 F.2d 215, 220 (5th Cir. 1983). 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 United States Court of Appeals for the Fifth Circuit. See Baugh, 117 F.3d at 202; Fed. R. App.
P. 24(a)(5).
It is so ordered this 25th day of June, 2021.
“Sam A. Lindsay “4
United States District Judge
Order — Page 2