BAILEY, TRUSTEE v. BANK OF AMERICA, N.A. et al

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATIONS and ORDER granting 10 Motion to Dismiss. Signed by Judge Richard A. Schell on 3/31/2015. (pad, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
HAROLD E. BAILEY, TRUSTEE

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Plaintiff,
VS.
BAC HOME LOAN SERVICING, L.P.,
THE BANK OF NEW YORK MELLON,
and RECONTRUST COMPANY, N.A.
Defendants.

Case No. 4:14cv147

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 March 17, 2014, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that this case be dismissed with prejudice. No objections were
timely filed.
On June 19, 2014, Plaintiff filed his Motion to Strike Complaint (Dkt. 6), indicating that he
had reached an agreement with Defendants and requesting that the case be dismissed. No response
has been filed in opposition.
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. Further, there being no objection to Plaintiff’s request for dismissal and in accordance

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with Federal Rule of Civil Procedure 41(a)(2), Plaintiff’s motion (Dkt. 10) is GRANTED.
This case is hereby dismissed with prejudice and the matter is closed on the court’s docket
with each party bearing its own costs.
IT IS SO ORDERED.

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SIGNED this the 31st day of March, 2015.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

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