Mack v. Equable Ascent Financial, LLC
Filing
18
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 6 Motion to Dismiss filed by Equable Ascent Financial, LLC, 8 Motion for Default Judgment filed by David E Mack. Signed by Judge Richard A. Schell on 3/20/2012. (kls, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
DAVID E. MACK,
Plaintiff,
v.
EQUABLE ASCENT FINANCIAL, LLC
Defendant.
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CASE NO. 4:11-cv-793
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 9, 2012, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Defendant’s Motion to Dismiss for Failure to State Claim
on Which Relief May be Granted (Dkt. 6) and Plaintiff’s Motion for Entry of Default Judgment (Dkt.
8) should be DENIED.
Having received the report of the United States Magistrate Judge, and no objections thereto
having been timely filed, this court is of the opinion that the findings and conclusions of the
Magistrate Judge are correct and adopts the Magistrate Judge’s report as the findings and conclusions
of the court. Therefore, Defendant’s Motion to Dismiss for Failure to State Claim on Which Relief
May be Granted (Dkt. 6) and Plaintiff’s Motion for Entry of Default Judgment (Dkt. 8) are DENIED.
IT IS SO ORDERED.
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SIGNED this the 20th day of March, 2012.
_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE
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