Pradhan et al v. JP Morgan Chase Bank, NA

Filing 33

ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 28 Report and Recommendation. It is therefore ORDERED that plaintiffs' pro se Motion to Proceed In Forma Pauperis [Doc.#27] is DENIED.. Signed by Judge Ron Clark on 6/24/2013. (kls, )

**NOT FOR PRINTED PUBLICATION**
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
MAHESH PRADHAN and
KAJIN YOO,
Plaintiffs,

V.
JP MORGAN CHASE BANK, NA.,
Defendant.

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CASE NO. 4:12-CV-539
Judge Clark/Judge Mazzant

ORDER ADOPTING REPORT AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Came on for consideration the reports of the United States Magistrate Judge in this action,
this matter having been heretofore referred to the United States Magistrate Judge pursuant to 28
U.S.C. § 636. On May 13, 2013, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that plaintiffs’ pro se Motion to Proceed In Forma Pauperis
[Doc. #27] be denied [Doc. #28]. On May 28, 2013, plaintiffs filed objections [Doc. #31]. On June
12, 2013, defendant filed a response [Doc. #32].
Plaintiffs seek to proceed in forma pauperis on appeal. The Magistrate Judge determined that
“[e]ven though plaintiffs are proceeding pro se, they have made no attempt to assert any
non-frivolous issues for appeal. Plaintiffs simply failed to engage in this lawsuit, and any claims
asserted were frivolous. Thus, the Court recommends that Plaintiffs’ appeal is not taken in good
faith. See 28 U.S.C. § 1915(a)(3).”
Plaintiffs object to the recommended denial of their motion, but the objections still fail to
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articulate any arguable issue on the merits of the case. Plaintiffs have failed to assert any plausible
claims in this lawsuit. The Magistrate Judge did not err in recommending denial of the motion.
Having received the report of the United States Magistrate Judge, and considering the
objections thereto filed by plaintiffs, this court is of the opinion that the findings and conclusions of
the Magistrate Judge are correct and adopts the Magistrate Judge’s report as the findings and
conclusions of the court.
It is therefore ORDERED that plaintiffs’ pro se Motion to Proceed In Forma Pauperis [Doc.
#27] is DENIED.
So ORDERED and SIGNED this 24 day of June, 2013.

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Ron Clark, United States District Judge

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