Mason v. Bank of America Home Loans

Filing 11

Order Accepting 10 Findings and Recommendation of the United States Magistrate Judge: It is therefore Ordered that the Motions for Leave to Proceed in forma pauperis (Doc. 4 , 9 ) are DENIED, and that this action is DISMISSED without prejudice for failure to pay the filing fee. The Court CERTIFIES that any appeal of this action would not be taken in good faith. (Ordered by Judge David C Godbey on 10/15/2013) (axm)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION JANET MASON, Plaintiff, v. BANK OF AMERICA HOME LOANS, Defendant. § § § § § § § 3:13-CV-2697-N-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 that the motions to proceed in forma pauperis (Doc. 4, 9) are DENIED, and that this action is DISMISSED without prejudice for failure to pay the filing fee. 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 15th day of October, 2013. __________________________________ UNITED STATES DISTRICT JUDGE

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