Harker v. Ocwen Loan Servicing LLC

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 8 Motion to Dismiss filed by Ocwen Loan Servicing LLC, 14 Report and Recommendations. Plaintiffs case is DISMISSED with prejudice. Signed by Judge Ron Clark on 4/4/13. (cm, )

**NOT FOR PRINTED PUBLICATION**
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
JOSEPH HARKER,

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Plaintiff,
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V.
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OCWEN LOAN SERVICING, LLC, and §
DEUTSCHE BANK NATIONAL TRUST §
as Trustee under the Pooling and Servicing §
Agreement dated as of April 1, 2002,
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Morgan Stanley Dean Witter Capital I Inc. §
Trust 2002-AM2, and AMES FUNDING
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CORP. DBA AAMES HOME LOANS,
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Defendants.
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CASE NO. 4:12cv684
Judge Clark/Judge Mazzant

ORDER 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 March 5, 2013, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Defendants’ Motion to Dismiss for Failure to State a
Claim Pursuant to Rule 12(b)(6) [Doc. #8] be granted.
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.
It is, therefore, ORDERED that Defendants’ Motion to Dismiss for Failure to State a Claim
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Pursuant to Rule 12(b)(6) [Doc. #8] is granted, and Plaintiff’s case is DISMISSED with prejudice.
All relief not previously granted is hereby DENIED.
The Clerk is directed to CLOSE this civil action.

So ORDERED and SIGNED this 4 day of April, 2013.

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Ron Clark, United States District Judge

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