Booker et al v. Carrington Mortgage Services
Filing
10
ORDER ACCEPTING 9 AMENDED FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. The Court prospectively CERTIFIES that any appeal of this action would not be taken in good faith. (Ordered by Chief Judge Barbara M.G. Lynn on 12/12/2018) (axm)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
JEFFREY BOOKER, et al.,
Plaintiffs,
v.
CARRINGTON MORTGAGE
SERVICES,
Defendant.
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Civil Case No. 3:18-CV-0507-M-BK
ORDER ACCEPTING AMENDED FINDINGS, CONCLUSIONS, AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
The United States Magistrate Judge made Findings, Conclusions and a Recommendation
in this case. Plaintiffs filed objections, and the District Court has made a de novo review of those
portions of the proposed Findings 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. Accordingly, Plaintiffs’ case is
DISMISSED WITH PREJUDICE.
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
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 and 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).1 In the event of an appeal, Plaintiffs may
challenge this certification by filing a separate motion to proceed in forma pauperis on appeal
with the Clerk of the Court, U.S. Court of Appeals for the Fifth Circuit. See Baugh, 117 F.3d at
202; FED. R. APP. P. 24(a)(5).
SO ORDERED this 12th day of December, 2018.
Federal Rule of Appellate Procedure 4(a) governs the time to appeal an order. A timely notice
of appeal must be filed even if the district court certifies an appeal as not taken in good faith.
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