Sanchez v. Wells Fargo Bank NA et al

Filing 13

Order Accepting Findings and Recommendations and Denying Certificate of Appealability re: 12 Findings and Recommendations on Case re: 3 Complaint, filed by Ruben Sanchez. Case is dismissed without prejudice for want of prosecution. (Ordered by Judge Jorge A Solis on 9/3/2013) (chmb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
RUBEN SANCHEZ,
Plaintiff,
v.
WELLS FARGO BANK NA, et al.,
Defendants.

§
§
§
§
§
§
§

3:13-CV-1583-P-BK

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. 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.
IT IS THEREFORE ORDERED that this action is DISMISSED without prejudice for
want of prosecution. See FED. R. CIV. P. 41(b).
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 Magistrate Judge’s Findings, Conclusions, and Recommendation. See Baugh v.
Taylor, 117 F.3d 197, 202 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).
SO ORDERED this 3rd day of September, 2013.