Hodge et al v. American Southwest Mortgage Corporation et al

Filing 11

Order Adopting 8 Findings Conclusion and Recommendations of the Magistrate Judge. The court certifies that any appeal of this action would not be taken in good faith. (Ordered by Judge Sidney A Fitzwater on 5/27/2015) (skt)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
LONNIE D. HODGE, et al.,

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Plaintiffs,
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§ Civil Action No. 3:15-CV-1189-D
VS.
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AMERICAN SOUTHWEST MORTGAGE §
CORP., et al.,
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Defendants.
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ORDER
After making an independent review of the pleadings, files, and records in this case, and the
April 24, 2015 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 dismissed
pursuant to 28 U.S.C. § 1915(e)(2)(B).
The court prospectively 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 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). If plaintiffs appeal, they may challenge this certification by filing a separate motion to
proceed in forma pauperis on appeal with the Clerk of the Court, 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 27, 2015.

_________________________________
SIDNEY A. FITZWATER
UNITED STATES DISTRICT JUDGE

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