Burgess v. City of Dallas et al

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
JIBRI HASHIM BURGESS 	§
Plaintiff, 	§
§
v. 	§ 	No. 3:25-CV-0806-D-BW
§
CITY OF DALLAS, et al., 	§
Defendants. 	§
ORDER ADOPTING FINDINGS, CONCLUSIONS, AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
After reviewing all relevant matters of record in this case, including the findings,
conclusions, and recommendation of the United States Magistrate Judge, in accordance
with 28 U.S.C. ' 636(b)(1), the undersigned district judge is of the opinion that the
findings and conclusions of the magistrate judge are correct, and they are adopted as the
findings and conclusions of the court. 	For the reasons stated in the findings,
conclusions, and recommendation of the United States Magistrate Judge, this action will
be dismissed by a separate judgment.
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 v. King, 707 F.2d 215, 220 (5th Cir. 1983) (per curiam).
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If plaintiff appeals, he 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)(5).
SO ORDERED.
April 2, 2026.
_________________________________
SIDNEY A. FITZWATER
SENIOR JUDGE
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