Yusufzai v. Wells Fargo Bank, N.A., as Trustee for the MLMI Trust Series 2005-WMC2 et al

Filing 94

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 76 Motion for Summary Judgment filed by Afrah Yusufzai, 90 Report and Recommendations, 65 Motion for Preliminary Injunction filed by Afrah Yusufzai, 75 Motion for Summary Judgment, filed by Wells Fargo Bank NA. Therefore, Defendant Wells Fargo's Motion for Final Summary Judgment (Dkt. 75) is GRANTED, Plaintiff's Motion for Summary Judgment Under Rule 56 of Federal Rules of Civil Pro cedure (Dkt. 76) is DENIED, and Plaintiff's Motion for Injunctive Relief (Dkt. 65) is DENIED. Summary judgment is granted for Defendant Wells Fargo, Plaintiff shall take nothing by any of her claims against Defendant Wells Fargo, and, in accor dance with Federal Rule of Civil Procedure 54(d), costs of court shall be awarded to Defendant Wells Fargo. Further, Plaintiff's claims against Defendants John Does 1-XX are dismissed without prejudice. Signed by Judge Richard A. Schell on 3/28/2014. (kls, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
AFRAH YUSUFZAI

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§ Case No. 4:12CV669
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Plaintiff,
VS.
WELLS FARGO BANK, N.A.,
TRUSTEE FOR THE MLMI TRUST
SERIES 2005-WMC2 and
JOHN DOES 1-XX, et al.
Defendants.

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 14, 2014, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Defendant Wells Fargo’s Motion for Final Summary
Judgment (Dkt. 75) be GRANTED; that pro se Plaintiff’s Motion for Summary Judgment Under
Rule 56 of Federal Rules of Civil Procedure (Dkt. 76) be DENIED; that Plaintiff’s Motion for
Injunctive Relief (Dkt. 65) be DENIED; that summary judgment be granted for Defendant Wells
Fargo; that Plaintiff take nothing by any of her claims against Defendant Wells Fargo; and that, in
accordance with Federal Rule of Civil Procedure 54(d), costs of court be awarded to Defendant
Wells Fargo. The Magistrate Judge further recommended that Plaintiff’s claims against Defendants
John Does 1-XX be dismissed without prejudice and that this matter be closed on the court’s docket.

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The court has made a de novo review of pro se Plaintiff’s objections, as well as Defendant’s
response, and is of the opinion that the findings and conclusions of the Magistrate Judge are correct
and the objections are without merit as to the ultimate findings of the Magistrate Judge. The court
hereby adopts the findings and conclusions of the Magistrate Judge as the findings and conclusions
of this court.
Therefore, Defendant Wells Fargo’s Motion for Final Summary Judgment (Dkt. 75) is
GRANTED, Plaintiff’s Motion for Summary Judgment Under Rule 56 of Federal Rules of Civil
Procedure (Dkt. 76) is DENIED, and Plaintiff’s Motion for Injunctive Relief (Dkt. 65) is DENIED.
Summary judgment is granted for Defendant Wells Fargo, Plaintiff shall take nothing by any of her
claims against Defendant Wells Fargo, and, in accordance with Federal Rule of Civil Procedure
54(d), costs of court shall be awarded to Defendant Wells Fargo.
Further, Plaintiff’s claims against Defendants John Does 1-XX are dismissed without
prejudice.
IT IS SO ORDERED.

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SIGNED this the 28th day of March, 2014.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

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