Opinion

Massey v. Brown

Court
District Court, N.D. Texas
Filed
Jun 25, 2021
Cited by
0 cases
Authority
More cited than 29.9%

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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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