Tolbert et al v. Bank of America et al

Filing 8

Order Adopting Findings and Recommendations and Denying Motion for Leave to proceed in forma pauperis; Motions terminated: 6 Findings and Recommendations on Case re: 1 Complaint,, filed by Tara Singleton Tolbert, John Tolbert. Magistrate Judge Jeffrey L Cureton no longer assigned to case., 2 MOTION for Leave to Proceed in forma pauperis filed by Tara Singleton Tolbert, John Tolbert. re: 6 Findings and Recommendations on Case re: 1 Complaint,, filed by Tara Singleton Tolbert, John Tolbert. Magistrate Judge Jeffrey L Cureton no longer assigned to case. Plaintiffs shall have until Jan 14 2013 to pay to clerk the FULL FILING FEE OF $350. (Ordered by Judge Terry R Means on 1/7/2013) (wrb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
TARA SINGLETON TOLBERT, et al.
VS.
BANK OF AMERICA, et al.

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CIVIL ACTION NO. 4:12-CV-842-Y

ORDER ADOPTING FINDINGS, CONCLUSIONS,
AND RECOMMENDATION OF THE MAGISTRATE JUDGE AND
DENYING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS
On

November

27,

2012,

the

magistrate

judge

entered

his

Findings, Conclusions, and Recommendation (“FCR”) (doc. 6). In his
FCR, the magistrate judge found that Plaintiffs had sufficient
monthly resources available to pay the filing fee in this case.
Based on this finding, the magistrate judge recommended that
Plaintiffs’

Application

to

Proceed

in

District

Prepaying Fees or Costs (doc. 2) be denied.
further

recommended

that

Plaintiffs

be

Court

Without

The magistrate judge
informed

that

their

complaint will be subject to dismissal without further notice under
Federal Rule of Civil Procedure 41(b) unless they timely pay the
full filing fee of $350.00.

Plaintiffs were given until December

18, 2012, to file objections to the magistrate judge’s FCR, but
they filed none.
After review, the Court ADOPTS the magistrate judge’s FCR
(doc. 6) as the findings and conclusions of this Court for the
reasons stated therein. Plaintiffs’ motion for leave to proceed in
forma pauperis (doc. 2) is DENIED.

Plaintiffs shall have until

January 14, 2013, to pay to the clerk of Court the full filing fee

of $350.00.

Failure to do so will result in the dismissal of

Plaintiffs’ case, without prejudice but without further notice.
SIGNED January 7, 2013.
____________________________
TERRY R. MEANS
UNITED STATES DISTRICT JUDGE

TRM/dc

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