Lavine et al v. Argent Mortgage Company, LLC et al

Filing 39

ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND DISMISSING CASE FOR WANT OF PROSECUTION for 35 Report and Recommendation.Having received the report of the United States Magistrate Judge, and no objections thereto h aving 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, this case is dismissed without prejudice for want of prosecution. The matter is closed on the court's docket, and all costs shall be borne by the party incurring same. Signed by Judge Ron Clark on 9/30/2016. (kls, )

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**NOT FOR PRINTED PUBLICATION** IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION DARRIN C. LAVINE, TRUSTEE TWM PROPERTIES, PRO SE, Plaintiff, v. ARGENT MORTGAGE COMPANY, LLC, U.S. BANK, NA, AS TRUSTEE IN INTEREST TO BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO LASALLE BANK, N.A., AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET-BACKED CERTIFICATES SERIES 2007-AQ1, EMC MORTGAGE CORP., LASALLE BANK, N.A., MORTGAGEELECTRONIC REGISTRATION SYSTEMS, JPMORGAN CHASE BANK, NA, BANK OF AMERICA, N.A., Defendants. § § § § § § § § § § § § § § § § § § § § § § § CIVIL ACTION NO. 4:15-cv-00671 (Judge Clark/Judge Johnson) ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND DISMISSING CASE FOR WANT OF PROSECUTION 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 August 29, 2016, the report of the Magistrate Judge was entered containing proposed findings of fact and recommendations that Plaintiff’s claims should be dismissed without prejudice for want of prosecution and closed on the court's docket with all costs to be borne by the party incurring same. 1 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, this case is dismissed without prejudice for want of prosecution. The matter is closed on the court's docket, and all costs shall be borne by the party incurring same. So ORDERED and SIGNED this 30 day of September, 2016. ___________________________________ Ron Clark, United States District Judge 2

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