Rivera v. Ocwen Loan Servicing, LLC

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 13 Order, Report and Recommendations, 5 Motion to Dismiss filed by Ocwen Loan Servicing, LLC. Plaintiffs claims against Defendant are dismissed with prejudice. Signed by Judge Richard A. Schell on 3/27/13. (cm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
JORGE RIVERA,

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Plaintiff,
VS.
OCWEN LOAN SERVICING, LLC,
Defendant.

Case No. 4:12CV256

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE AND ORDER DISMISSING PLAINTIFF’S
AFFIRMATIVE CLAIMS AGAINST DEFENDANT
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 October 19, 2012, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendation that Defendant Ocwen Loan Servicing, LLC’s Motion to
Dismiss Pursuant to Rule 12(b)(6) (Dkt. 5) be GRANTED and that Plaintiff’s claims be dismissed
with prejudice.
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 Ocwen Loan Servicing, LLC’s Motion to Dismiss Pursuant to

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Rule 12(b)(6) (Dkt. 5) is GRANTED and Plaintiff’s claims against Defendant are dismissed with
prejudice.
Defendant’s counterclaim against Plaintiff remains until further order of the court.
IT IS SO ORDERED.

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SIGNED this the 27th day of March, 2013.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

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