Howard et al v. Wells Fargo Home Mortgage et al

Filing 4

ORDER ADOPTING REPORT AND RECOMMENDATIONS: Accordingly, it is hereby ORDERED that Plaintiffs' legal malpractice claims against attorneys Albert and Berry are DISMISSED with prejudice as barred by the state of limitations and all other claims are DISMISSED without prejudice for lack of subject matter jurisdiction. Signed by Judge Walter H Rice on 03/29/2011. (kf)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OIDO
WESTERN DIVISION AT DAYTON

CORBIN HOWARD, et al. Plaintiffs, - vsWELLS FARGO HOME MORTGAGE, et al. Defendants. Case No. 3:11-cv-66 District Judge Walter Herbert Rice Magistrate Judge Michael R. Merz

ORDER ADOPTING REPORT AND RECOMMENDATIONS

The Court has reviewed the Report and Recommendations of United States Magistrate Judge Michael R. Merz (Doc. #3), to whom this case was referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, hereby ADOPTS said Report and Recommendations. Accordingly, it is hereby ORDERED that Plaintiffs' legal malpractice claims against attorneys Albert and Berry are DISMISSED with prejudice as barred by the state of limitations and all other claims are DISMISSED without prejudice for lack of subject matter jurisdiction.

March~, 2011.
Walter Herbert Rice United States District Judge