Kelly et al v. Citibank, N.A.

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE AND ORDER OF DISMISSAL. Signed by Judge Richard A. Schell on 6/24/2015. (pad, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
SEAN KELLY and
ANITA KELLY

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Plaintiffs,
VS.
CITIBANK, N.A.
Defendant.

Case No. 4:14CV652

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 February 11, 2015, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Plaintiffs’ Motion for Voluntary Dismissal of All Claims
Without Prejudice (Dkt. 14) be GRANTED, that Defendant’s Motion to Dismiss (Dkt. 5) be
DENIED as MOOT, that Plaintiffs’ claims be dismissed without prejudice, and that this matter be
closed on the court’s docket.
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.

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Therefore, Plaintiffs’ Motion for Voluntary Dismissal of All Claims Without Prejudice (Dkt.
14) is GRANTED, and Defendant’s Motion to Dismiss (Dkt. 5) is DENIED as MOOT.
Plaintiffs’ claims are dismissed without prejudice, this matter is 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 24th day of June, 2015.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

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