Parker et al v. Deutsche Bank National Trust Co et al

Filing 7

ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE MAGISTRATE JUDGE AND DENYING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS denying 2 Motion for Leave to Proceed In Forma Pauperis. ; adopting Report and Recommendations re 6 Findings and Recommendations on Case. Pltfs shall have until 5/21/13 to pay the full filing fee of $350.00. (Note: fee amount based on findings entered before 5/1/13) (Ordered by Judge Terry R Means on 5/13/2013) (ult)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
JOHN PARKER, et al.
VS.
DEUTSCHE BANK NATIONAL TRUST
CO., et al.

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CIVIL ACTION NO. 4:13-CV-272-Y

ORDER ADOPTING FINDINGS, CONCLUSIONS,
AND RECOMMENDATION OF THE MAGISTRATE JUDGE AND
DENYING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS
On April 8, 2013, 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 Court Without Prepaying Fees or
Costs (doc. 2) be denied. The magistrate judge further recommended
that Plaintiffs be informed that their Complaint (doc. 1) 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 April 29, 2013, 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 May
21, 2013, to pay to the clerk of Court the full filing fee of

$350.00.
Plaintiffs’

Failure to do so will result in the dismissal of
complaint,

without

prejudice

but

without

further

notice.
SIGNED May 13, 2013.
____________________________
TERRY R. MEANS
UNITED STATES DISTRICT JUDGE

TRM/dc

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