Anderson et al v. Ocwen Loan Servicing, LLC et al

Filing 18

MEMORANDUM AND ORDER that the Magistrate Judge's findings and recommendation (Filing No. 17 ) are adopted. Defendant's motion to dismiss the claims of Plaintiff H. Ilene Anderson (Filing No. 6 ) is granted, and said claims are dismissed without prejudice. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DAVID R. ANDERSON, and
H. ILENE ANDERSON,
Plaintiffs,
v.
OCWEN LOAN SERVICING, LLC,
and AMERICAN MODERN
INSURANCE GROUP,
Defendants.

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4:17CV3054

MEMORANDUM
AND ORDER

This matter is before the court on the findings and recommendation filed
on July 5, 2017, by Magistrate Judge Cheryl R. Zwart, who recommends “that the
portion of Filing No. 6 which requests dismissal of Plaintiff H. Ilene Anderson[’s]
claims be granted for lack of capacity to sue and for want of prosecution without
further notice” (Filing No. 17). Judge Zwart disposed of the remainder of Filing No.
6 on June 9, 2017, and indicated that the claims of Ms. Anderson, who is deceased,
would be dismissed unless an attorney entered an appearance on behalf of her estate
by June 30, 2017. (Filing No. 16). No such appearance has been entered.
No objections have been filed to the findings and recommendation within the
time permitted by 28 U.S.C. § 636(b)(1). In any event, I have conducted a de novo
review and find that Judge Zwart has correctly found the facts and applied the law.
Her findings and recommendation therefore will be adopted.
IT IS ORDERED:
1.

The Magistrate Judge’s findings and recommendation (Filing No. 17) are
adopted.

2.

Defendant’s motion to dismiss the claims of Plaintiff H. Ilene Anderson
(Filing No. 6) is granted, and said claims are dismissed without
prejudice.

DATED this 26th day of July, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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