McClain v. Wells Fargo Home Mortgage
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 12 Report and Recommendations re 4 Motion to Dismiss filed by Wells Fargo Home Mortgage granted in part.Plaintiffs claims are dismissed without prejudice for want of prosecution. This matter 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 3/31/2015. (snh, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
ELAINE HARVEY MCCLAIN,
WELLS FARGO HOME MORTGAGE,
Case No. 4:14cv458
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 October 20, 2014, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Defendant’s Motion to Dismiss (Dkt. 4) be GRANTED
in part and that Plaintiff’s claims be dismissed without prejudice for want of prosecution.
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 recommendations as the findings and
conclusions of the court. Therefore, Defendant’s Motion to Dismiss (Dkt. 4) is GRANTED in part,
and Plaintiff’s claims are dismissed without prejudice for want of prosecution. This matter shall be
closed on the court’s docket, and all costs shall be borne by the party incurring same.
IT IS SO ORDERED.
SIGNED this the 31st day of March, 2015.
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE
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