United States District Court, N.D. Texas, Dallas Division
LINDSAY UNITED STATES DISTRICT JUDGE .
December 7, 2016, United States Magistrate Judge Renée
Harris Toliver entered the Findings, Conclusions and
Recommendation of the United States Magistrate Judge
(“Report”), recommending that the court dismiss
without prejudice this action for lack of
jurisdiction.[*] No objections to the Report were
received as of the date of this order.
considering the pleadings, 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, the court dismisses
without prejudice this case for lack of jurisdiction. The
court is directed to term any pending motions in this case.
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. (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, Petitioner 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). If Petitioner files a notice of appeal, he must pay
the $505 appellate filing fee or submit a motion to
proceed in forma pauperis.
noted in the Report, Petitioner originally brought this
action against Methodist Charlton Medical Center. After the
Report issued, Petitioner filed an amended pleading in which
he identifies several other Respondents. The court determines
that the addition of these new Respondents does not affect
the magistrate judge's analysis or recommendation ...