The Bank of New York Mellon Trust Company NA v. Bragg et al

Filing 9

Order Accepting 7 Findings, Conclusions, and Recommendation of the United States Magistrate Judge. The Court certifies that any appeal of this action would not be taken in good faith. (Ordered by Judge David C Godbey on 8/10/2015) (jrr)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION BANK OF NEW YORK MELLON TRUST CO., N.A. as Trustee on Behalf of CWABS Assett-Backed Certificates Trust 2007-2 Plaintiff, v. WAYNE BRAGG & PAMELA BRAGG, Defendants. § § § § § § § § § § Civil Action No. 3:15-CV-1766-N-BK ORDER ACCEPTING THE FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE The United States Magistrate Judge made findings, conclusions, and a recommendation in this case. Plaintiff filed objections, and the District Court has made a de novo review of those portions of the proposed findings, conclusions, and recommendation to which objection was made. The objections are overruled and the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge. 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, Conclusions, 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 10th day of August, 2015. _______________________________________ UNITED STATES DISTRICT JUDGE

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