SMITH v. WELLS FARGO BANK NA et al

Filing 20

ORDER ACCEPTING AND ADOPTING 13 REPORT AND RECOMMENDATION - The Clerk shall enter judgment stating, "Defendant's motion to dismiss, ECF No. 10 , is GRANTED pursuant to the Colorado River abstention doctrine. This actio n is STAYED pending final resolution of the state foreclosure action. The Clerk shall administratively close the file." Notwithstanding the above ruling, this Court shall address, once Plaintiff's time for filing objections has passed, the Second Report and Recommendation, ECF No. 18 , relative to Plaintiff's motion for preliminary injunction, ECF No. 14 , filed after the entry of the first report and recommendation. ECF No. 13 . Signed by JUDGE MARK E WALKER on 11/13/2017. (vkm)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
MARTY SMITH,
Plaintiff,
v.

Case No. 4:17cv240-MW/CAS

WELLS FARGO BANK, N.A.,
and DOES 1 – 10,
Defendants.
___________________________/
ORDER ACCEPTING AND ADOPTING
REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Report
and Recommendation. ECF No. 13. Upon consideration, no objections having
been filed by the parties,
IT IS ORDERED:
The report and recommendation is accepted and adopted as this Court’s
opinion. The Clerk shall enter judgment stating, “Defendant’s motion to dismiss,
ECF No. 10, is GRANTED pursuant to the Colorado River abstention doctrine.
This action is STAYED pending final resolution of the state foreclosure action.
The Clerk shall administratively close the file.”
Notwithstanding the above ruling, this Court shall address, once Plaintiff’s
time for filing objections has passed, the Second Report and Recommendation,
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ECF No. 18, relative to Plaintiff’s motion for preliminary injunction, ECF No. 14,
filed after the entry of the first report and recommendation. ECF No. 13.
SO ORDERED on November 13, 2017.
s/Mark E. Walker
____
United States District Judge

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