Seeney v. Nationstar Mortgage, LLC
Filing
12
ORDER adopting 9 Final Report and Recommendation, granting 6 Motion to Set Aside Default, granting 7 Motion to Dismiss for Failure to State a Claim; this case is DISMISSED without prejudice. Signed by Judge Thomas W. Thrash, Jr on 12/10/13. (dr)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
DAVID L. SEENEY,
Plaintiff,
v.
CIVIL ACTION FILE
NO. 1:13-CV-347-TWT
NATIONSTAR MORTGAGE, LLC,
Defendant.
ORDER
This is an action under the Real Estate Settlement Procedures Act. It is before
the Court on the Report and Recommendation [Doc. 9] of the Magistrate Judge
recommending dismissing the action for insufficiency of service of process and for
failure to state a claim. The Plaintiff objects to the Report and Recommendation, and
says that the Court has discretion to allow additional time to serve the Defendant. The
Plaintiff offers no explanation for his failure to properly serve the Defendant in the 10
months since the lawsuit was filed or in the 2 months since the Motion to Dismiss was
filed.
The Court approves and adopts the Report and Recommendation as the
judgment of the Court. The Defendant’s Motion to Set Aside Default [Doc. 6] is
T:\ORDERS\13\Seeney\13cv347\r&r.wpd
GRANTED. The Defendant’s Motion to Dismiss [Doc. 7] is GRANTED. This
action is DISMISSED without prejudice.
SO ORDERED, this 10 day of December, 2013.
/s/Thomas W. Thrash
THOMAS W. THRASH, JR.
United States District Judge
T:\ORDERS\13\Seeney\13cv347\r&r.wpd
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