Tolbert et al v. Bank of America et al, No. 4:2012cv00842 - Document 8 (N.D. Tex. 2013)
Court Description: 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)
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Tolbert et al v. Bank of America et al Doc. 8 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. § § § § § 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 Dockets.Justia.com 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 2
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