Opinion
MISC. ACTION NO. 2:13-MC-00121
05-07-2013
EVELYN SOKOL KEMPTON, Plaintiff, v. JC PENNEY'S CO., Defendant.
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
TO DENY APPLICATION TO PROCEED IN FORMA PAUPERIS
AND TO DISMISS CLAIMS
On April 18, 2013, United States Magistrate Judge Brian L. Owsley issued his "Memorandum and Recommendation to Deny Application to Proceed In Forma Pauperis and to Dismiss Claims" (D.E. 3). The Plaintiff was provided proper notice of, and opportunity to object to, the Magistrate Judge's Memorandum and Recommendation. FED. R. CIV. P. 72(b); 28 U.S.C. § 636(b)(1); General Order No. 2002-13. No objections have been filed.
When no timely objection to a magistrate judge's memorandum and recommendation is filed, the district court need only satisfy itself that there is no clear error on the face of the record and accept the magistrate judge's memorandum and recommendation. Guillory v. PPG Industries, Inc., 434 F.3d 303, 308 (5th Cir. 2005) (citing Douglass v. United Services Auto Ass'n, 79 F.3d 1415, 1420 (5th Cir. 1996)).
Having reviewed the findings of fact and conclusions of law set forth in the Magistrate Judge's Memorandum and Recommendation (D.E. 3), and all other relevant documents in the record, and finding no clear error, the Court ADOPTS as its own the findings and conclusions of the Magistrate Judge. Accordingly, the Application to Proceed In Forma Pauperis (D.E. 1) is DENIED and the Complaint (D.E. 1-2) is DISMISSED as frivolous.
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NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE