Rainwater v. 21st Mortgage Corporation
Filing
16
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that the court dismiss this action sua sponte for lack of subject matter jurisdiction, or, alternatively, grant defendant's motion to dismiss, construed as a motion for summary jud gment, because there is no geniune issue as to any material fact relating to defendant's affirmative defense of res judicata and defendant is entitled to judgment as a matter of law. No objections were filed. Signed by Judge Marcia A. Crone on 3/29/10. (mrp, )
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
JAMES L. RAINWATER, Plaintiff, versus 21st MORTGAGE CORPORATION, Defendant.
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CIVIL ACTION NO. 1:09-CV-331
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION The court referred this matter to the Honorable Earl S. Hines, United States Magistrate Judge, for pretrial proceedings pursuant to General Order 05-07, entered on April 22, 2009. The court has received and considered the report of the United States magistrate judge, who recommends that the court dismiss this action sua sponte for lack of subject-matter jurisdiction based on the Rooker-Feldman doctrine, or, alternatively, grant defendant's motion to dismiss, construed as a motion for summary judgment, because there is no genuine issue as to any material fact relating to defendant's affirmative defense of res judicata and defendant is entitled to judgment as a matter of law. No objections have been filed. The magistrate judge's report is hereby ADOPTED and defendant's motion to dismiss [Docket No. 7], construed as a motion for summary judgment, is GRANTED. It is further ORDERED that the reference to the magistrate judge is VACATED. It is further ORDERED that all pending motions are DENIED as moot.
. Final Judgment will be entered separately. SIGNED at Beaumont, Texas, this 7th day of September, 2004. SIGNED at Beaumont, Texas, this 29th day of March, 2010.
________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE
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