JP Morgan Chase Bank, National Association v. Collins et al

Filing 8

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE re: 7 Findings and Recommendations on Case re: 5 Motion for Leave to Proceed in forma pauperis filed by Gregory Collins. The Court CERTIFIES that any appeal of this action would not be taken in good faith. See 28 U.S.C. § 1915(a)(3). (Ordered by Judge Reed C O'Connor on 4/9/2013) (cea)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

JP MORGAN CHASE BANK
NATIONAL ASSOCIATION,
Plaintiff,
v.
SHEILA COLLINS, et al.,
Defendants.

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Civil Action No. 3:12-cv-4774-O

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
The United States Magistrate Judge made findings, conclusions and a recommendation in
this case (ECF No. 7). No objections were filed. The District Court reviewed the proposed findings,
conclusions and recommendation for plain error. Finding none, the Court ACCEPTS the Findings,
Conclusions and Recommendation of the United States Magistrate Judge. Accordingly, Court finds
that this action should be and is hereby DISMISSED without prejudice for want of prosecution and
that Defendants’ Motion for Leave to Proceed In Forma Pauperis (ECF No. 5) should be and is
hereby DENIED.
The Court CERTIFIES that any appeal of this action would not be taken in good faith. See
28 U.S.C. § 1915(a)(3). In support of this finding, the Court adopts and incorporates by reference
the Order accepting the findings, conclusions, and recommendation of the magistrate judge. See
Baugh v. Taylori, 117 F.3d 197, 202 n.21 (5th Cir. 1997). Based on the above Order, 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).

SO ORDERED on this 9th day of April, 2013.

_____________________________________
Reed O’Connor
UNITED STATES DISTRICT JUDGE

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