VanHauen v. American Home Mortgage Servicing, Inc.

Filing 41

MEMORANDUM ADOPTING REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE for 28 Motion to Dismiss, 39 Motion to Vacate. Signed by Judge Michael H. Schneider on 3/14/2012. (pad, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERM AN DIVISION

KAY VANHAUEN

v.

AMERICAN HOME MORTGAGE
SERVICING, INC.

§
§
§
§
§
§
§
§

Case No. 4:11-CV-461
Judge Schneider/Judge Mazzant

MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action, this
matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C.
§ 636. On February 17, 2012, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Defendant’s Motion to Dismiss Plaintiff’s Amended
Complaint (Dkt. No. 28) be granted.
The Court, having made a de novo review of Plaintiff’s response to the motion to dismiss
(Dk. No. 38, filed after entry of the Report and Recommendation), Plaintiff’s objections (Motion for
Relief from Report and Recommendation - Dkt. No. 39), and Defendant’s Response thereto (Dkt.
No. 40), is of the opinion that the findings and conclusions of the Magistrate Judge are correct, and
the objections are without merit. Therefore, the Court hereby adopts the findings and conclusions
of the Magistrate Judge as the findings and conclusions of this Court.
It is, therefore, ORDERED that Defendant’s Motion to Dismiss Plaintiff’s Amended

Page 1 of 2

.

Complaint (Dkt. No. 28) is GRANTED and Plaintiff’s case is DISMISSED with prejudice.
It is further ORDERED that Plaintiff’s Motion for Relief from Report and Recommendation
(Dkt. No. 39) is DENIED.
It is SO ORDERED.

SIGNED this 14th day of March, 2012.

____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

Page 2 of 2