931 Wood Brook Land Trust et al v. Hughes Watters & Askanase LLP et al
Filing
10
Order Accepting Findings and Recommendations re: 7 Findings and Recommendations on Case re: 3 Complaint, filed by 931 Wood Brook Land Trust, David M Wethy. (Ordered by Senior Judge A. Joe Fish on 9/16/2013) (ndt)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
931 WOOD BROOK LAND TRUST and )
DAVID M. WETHY, TRUSTEE,
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Plaintiffs,
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VS.
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HUGHES WATTERS & ASKANASE,
LLP, ET AL.,
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)
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Defendants.
CIVIL ACTION NO.
3:13-CV-2554-G (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 Judge.
It is therefore ORDERED that this action is DISMISSED without prejudice
for want of prosecution.
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).
September 16, 2013.
___________________________________
A. JOE FISH
Senior United States District Judge
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