Green v. Wells Fargo Bank, N.A.

Filing 17

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE - Having received the report of the United States Magistrate Judge, and no objections thereto having been timely filed, the Court is of the opinion that the findings an d conclusions of the Magistrate Judge are correct and adopts the Magistrate Judge's report as the findings and conclusions of the Court. It is, therefore, ORDERED that Plaintiff's claims are DISMISSED for want of prosecution. All relief not previously granted is DENIED. The Clerk is directed to CLOSE this civil action. Signed by Judge Amos L. Mazzant, III on 9/18/2017. (baf, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

SHEILA GREEN, AS A BENEFICIARY OF
1401 TRIAL VIEW TRUST;

v.
WELLS FARGO BANK, N.A.,

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§ Civil Action No. 4:17-CV-00247
§ (Judge Mazzant/Judge Johnson)
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MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action,
this matter having been heretofore referred to the Magistrate Judge pursuant to 28 U.S.C. § 636.
On June 1, 2017, the Magistrate Judge issued an Order, cautioning that the Court would
recommend this case be dismissed for want of prosecution if pro se Plaintiff failed to meet and
confer with Defendant, as required under the Court’s Order Governing Proceedings (Dkt. #10 at
2). On July 31, 2017, the report of the Magistrate Judge (Dkt. #14) was entered containing
proposed findings of fact and recommendations that Plaintiff’s case be dismissed for want of
prosecution. On September 1, 2017, the report of the Magistrate Judge was returned to the Court
as undeliverable on August 31, 2017. Plaintiff has failed to act upon the Order (Dkt. #10), and
has failed to act upon the report of the Magistrate Judge (Dkt. #14). Further, Defendant notified
the Court on July 6, 2017, that it was unable to meet and confer with Plaintiff, despite its
attempts (Dkt. #12).
Having received the report of the United States Magistrate Judge, and no objections
thereto having been timely filed, the 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.
It is, therefore, ORDERED that Plaintiff’s claims are DISMISSED for want of
.
prosecution.
All relief not previously granted is DENIED. The Clerk is directed to CLOSE this civil
action.
IT IS SO ORDERED.
SIGNED this 18th day of September, 2017.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE

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