Spence v. Argent Mortgage Company, LLC et al

Filing 34

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 30 Report and Recommendation. Plaintiff's Motion for Default Judgment (Dkt. 25) is DENIED, Defendants' Motion to Dismiss Complaint (Dkt. 9) is GRANTED, and this case is dismissed without prejudice for want of prosecution. The case shall be closed on the courts docket, and all costs shall be borne by the party incurring same. Signed by Judge Richard A. Schell on 9/29/2014. (kls, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
ANTHONY L. SPENCE

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Plaintiff,
VS.
ARGENT MORTGAGE
COMPANY, LLC, et al.
Defendants.

Case No. 4:13cv512

MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND
ORDER OF DISMISSAL
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 May 27, 2014, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Plaintiff’s Motion for Default Judgment (Dkt. 25) be
DENIED, that Defendants’ Motion to Dismiss Complaint (Dkt. 9) be GRANTED, and that this
case be dismissed without prejudice for want of prosecution.
The court has made a de novo review of the objections raised by Plaintiff and of Defendants’
response and is of the opinion that the conclusion of the Magistrate Judge on dismissal is correct
and the objections are without merit as to the ultimate findings of the Magistrate Judge. The court
hereby adopts the conclusion of the Magistrate Judge regarding dismissal of this case for want of
prosecution.

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Therefore, Plaintiff’s Motion for Default Judgment (Dkt. 25) is DENIED, Defendants’
Motion to Dismiss Complaint (Dkt. 9) is GRANTED, and this case is dismissed without
prejudice for want of prosecution.
The case shall be closed on the court’s docket, and all costs shall be borne by the party
incurring same.
IT IS SO ORDERED.
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SIGNED this the 29th day of September, 2014.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

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