Lane v. Stumpf et al

Filing 15

ORDER: It is therefore ordered that the 11 findings, conclusions, and recommendation of the magistrate judge are adopted, and this action is summarily dismissed with prejudice as frivolous. See 28 U.S.C. § 1915(e)(2)(B). The court certifies that any appeal of this action would not be taken in good faith. (Ordered by Chief Judge Sidney A Fitzwater on 5/28/2014) (ctf)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
GLENDA OF THE FAMILY OF LANE,
Plaintiff,
v.
JOHN G. STUMPF, and WELLS FARGO
BANK NA,
Defendants.

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3:14-CV-0979-D

ORDER
After making an independent review of the pleadings, files, and records in this case, and
the findings, conclusions, and recommendation of the magistrate judge, the court concludes that
the findings and conclusions are correct. It is therefore ordered that the findings, conclusions,
and recommendation of the magistrate judge are adopted, and this action is summarily dismissed
with prejudice as frivolous. See 28 U.S.C. § 1915(e)(2)(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); Fed. R. App. P. 24(a)(3). In support of this certification, 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). In the event of an appeal, plaintiff may challenge this certification by filing a separate
motion to proceed in forma pauperis on appeal with the Clerk of the United States Court of

Appeals for the Fifth Circuit. See Baugh, 117 F.3d at 202; Fed. R. App. P. 24(a)(5).
SO ORDERED.
May 28, 2014.

_________________________________
SIDNEY A. FITZWATER
CHIEF JUDGE

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