Shearin et al v. Wells Fargo Bank N.A. et al

Filing 34

ORDER ADOPTING REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE for 30 Report and Recommendations, DENYING 14 Motion to Remand to State Court filed by Christopher Shearin, Dana Shearin, for 33 Report and Recommendations, GR ANTING 4 Motion to Dismiss, filed by First Franklin a Division of NAT City Bank of IN, NA, Bank of America N.A., BAC Home Loans Servicing LP, First Franklin Financial Corporation, Wilshire Credit Corporation. Plaintiffs remaining claims are dismissed with prejudice for failure to state a claim. This case shall be closed on the Courts docket, and all costs shall be borne by the party incurring same. Signed by Judge Amos L. Mazzant, III on 9/28/2015. (baf, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

DANA L. SHEARIN AND
CHRISTOPHER M. SHEARIN,

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Plaintiffs,
v.
WELLS FARGO BANK, N.A., et al.
Defendants.

Case No. 4:14CV723
Judge Mazzant/Judge Bush

MEMORANDUM ADOPTING REPORTS AND
RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE
Came on for consideration the reports 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 August 18, 2015, the report of the Magistrate Judge was entered containing
proposed findings of fact and recommendations that Plaintiffs’ Corrected Motion to Remand (Dkt.
#14) should be DENIED and that the claims against Defendants Mackie, Wolf & Zientz, PC, Wes
Webb, Michael W. Zientz, L. Keller Mackie, Carl Niendorff, Ron Bedford and AVT Title Services
should be dismissed. No objections were filed to that report.
On September 8, 2015, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Defendants’ Motion to Dismiss Plaintiffs’ Original
Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) (Dkt. #4) should be GRANTED, that all of Plaintiffs’
remaining claims should be dismissed with prejudice for failure to state a claim, that this case should
be closed, and that all costs should be borne by the party incurring same. No objections were filed
to that report.

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Having received the reports 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 reports as the findings and
conclusions of the Court.
Therefore, Plaintiffs’ Corrected Motion to Remand (Dkt. #14) is DENIED, and the claims
against Defendants Mackie, Wolf & Zientz, PC, Wes Webb, Michael W. Zientz, L. Keller Mackie,
Carl Niendorff, Ron Bedford and AVT Title Services are dismissed. Further, Defendants’ Motion
to Dismiss Plaintiffs’ Original Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) (Dkt. #4) is

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GRANTED, and all of Plaintiffs’ remaining claims are dismissed with prejudice for failure to state
a claim. This case 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 28th day of September, 2015.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE

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