Jacobsen et al v. Bank of America NA et al

Filing 21

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND ORDER DISMISSING CASE for 15 Report and Recommendation; denying 6 Motion for TRO filed by Alise Malikyar, Robert Jacobsen. Since the entry of the report and reco mmendations, Pro Se Plaintiffs have filed a Notice of Dismissal Without Prejudice in accordance with Rule 41 (see Dkt. 20). There being no objection to such notice and in accordance with Federal Rule of Civil Procedure 41, all claims and causes of action asserted herein by Plaintiffs are hereby DISMISSED WITHOUT PREJUDICE. The matter shall be closed on the court's docket, and all costs shall be borne by the party incurring same. Signed by Judge Richard A. Schell on 6/6/2012. (kls, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
ROBERT JACOBSEN and ALISE
MALIKYAR
v.
BANK OF AMERICA, et al.

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Case No. 4:12cv116

MEMORANDUM ADOPTING REPORT AND
RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE AND
ORDER DISMISSING CASE

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 March 6, 2012, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Pro Se Plaintiffs’ Emergency Motion for a Temporary
Restraining Order (Dkt. 6) 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, Pro Se Plaintiffs’ Emergency Motion for a Temporary Restraining Order
(Dkt. 6) is DENIED.
Moreover, since the entry of the report and recommendations, Pro Se Plaintiffs have filed
a Notice of Dismissal Without Prejudice in accordance with Rule 41 (see Dkt. 20). There being no

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objection to such notice and in accordance with Federal Rule of Civil Procedure 41, all claims and
causes of action asserted herein by Plaintiffs are hereby DISMISSED WITHOUT PREJUDICE.
The matter shall be closed on the court’s docket, and all costs shall be borne by the party
incurring same.
IT IS SO ORDERED.
.

SIGNED this the 6th day of June, 2012.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

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