Redmond v. Williams et al

Filing 34

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 27 Report and Recommendations. It is therefore ORDERED that Defendant Shellpoint's Motion to Dismiss (Dkt. #20) is GRANTED on other grounds and this case i s DISMISSED WITH PREJUDICE under Federal Rule of Civil Procedure 12(b)(1); that Plaintiff's Motions (Dkt. #13; Dkt. #16) are DENIED as moot; and that Defendant Shellpoint's Opposed Motion for Extension of Time to Respond to Complaint (Dkt. #10) is DENIED as moot. Signed by District Judge Sean D. Jordan on 2/5/2024. (dlw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
HOWARD JAMES REDMOND,
v.

Plaintiff,

BRUCE WILLIAMS, et al.,
Defendants.

§
§
§
§
§
§
§
§

CIVIL ACTION NO. 4:22-CV-00910SDJ-AGD

MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Came on for consideration the Report and Recommendation of the United
States Magistrate Judge (“Report”), this matter having been referred to the
Magistrate Judge pursuant to 28 U.S.C. § 636. On September 13, 2023, the Report of
the Magistrate Judge, (Dkt. #27), was entered containing proposed findings of fact
and recommendation that Defendant Shellpoint’s Motion to Dismiss (Dkt. #20) be
granted on other grounds and that this case be dismissed with prejudice under
Federal Rule of Civil Procedure 12(b)(1); that Plaintiff’s Motions (Dkt. #13; Dkt. #16)
be denied as moot; and that Defendant Shellpoint’s Opposed Motion for Extension of
Time to Respond to Complaint (Dkt. #10) be denied as moot.
Plaintiff requested an extension of time to file objections to the Report (Dkt.
#28). Plaintiff’s request was granted, and Plaintiff’s objections to the Report were due
by October 12, 2023 (Dkt. #29). Plaintiff did not file his objections until November 1,
2023 (Dkt. #31). Regardless of the untimeliness of Plaintiff’s objections, the Court has
conducted a de novo review of the objections and the portions of the Report to which

1

Plaintiff specifically objects. Having done so, the Court concludes that the findings
and conclusions of the Magistrate Judge are correct, and the objections are without
merit as to the ultimate recommendation of the Magistrate Judge. The Court adopts

.
the Magistrate Judge’s Report as the findings and conclusions of the Court.
It is therefore ORDERED that Defendant Shellpoint’s Motion to Dismiss (Dkt.
#20) is GRANTED on other grounds and this case is DISMISSED WITH
PREJUDICE under Federal Rule of Civil Procedure 12(b)(1); that Plaintiff’s Motions
(Dkt. #13; Dkt. #16) are DENIED as moot; and that Defendant Shellpoint’s Opposed
Motion for Extension of Time to Respond to Complaint (Dkt. #10) is DENIED as
moot.
So ORDERED and SIGNED this 5th day of February, 2024.

____________________________________
SEAN D. JORDAN
UNITED STATES DISTRICT JUDGE

2