IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

AUBREY GRAY EL BEY, § § Plaintiff, § § v. § Civil Action No. 3:19-CV-1902-L § NATIONSTAR, ET AL., § § § Defendants. §

ORDER

On September 23, 2019, the Findings, Conclusions and Recommendation of the United States Magistrate Judge (“Report”) (Doc. 9) was entered, recommending that the court dismiss without prejudice this action for lack of subject matter jurisdiction. No objections to the Report were filed. Having reviewed the pleadings, file, record in this case, and Report, the court determines that the findings and conclusions of the magistrate judge are correct, accepts them as those of the court, and dismisses without prejudice this action and all claims asserted for lack of subject matter jurisdiction, as Plaintiff Aubrey Gray El Bey has not set forth facts establishing that a federal question exists, or that there is complete diversity of citizenship between the parties and that the amount in controversy exceeds $75,000, exclusive of interest and costs. The court prospectively certifies that any appeal of this action would not be taken in good faith. See

(a)(3); Fed. R. App. 24(a)(3). In support of this certification, the court accepts and incorporates by reference the Report. See Baugh v. Taylor,

, 202 and n.21 (5th Cir. 1997). The court concludes that any appeal of this action would present no legal point of arguable merit and would therefore be frivolous. Howard v. King,

(5th Cir. 1983). In the event of an appeal, Plaintiff may challenge this certification by filing a separate motion to proceed in forma pauperis on appeal with the clerk of the United States Court of Appeals for the Fifth Circuit. See Baugh,

; Fed. R. App. 24(a)(5). It is so ordered this 15th day of November, 2019.

¢ Sam A. Lindsay United States District Judge

Order — Page 2