Thomas v. Wells Fargo Bank NA et al

Filing 14

ORDER ACCEPTING 13 FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE, denying as moot 10 Motion to Dismiss, granting 9 Motion to Dismiss. (Ordered by Senior Judge A. Joe Fish on 8/9/2013) (tln)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

HOMER THOMAS,
Plaintiff,
VS.
WELLS FARGO BANK, N.A., ET AL.,
Defendants.

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CIVIL ACTION NO.
3:13-CV-0127-G (BF)

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

The court has under consideration the findings, conclusions, and
recommendation of the United States Magistrate Judge Paul D. Stickney. The
district court reviewed the proposed findings, conclusions, and recommendation for
plain error. Finding none, the court accepts the findings, conclusions, and
recommendation of the United States Magistrate Judge.
Accordingly, defendant Brice, Vander Linden & Wernick, P.C. is DISMISSED
from this lawsuit because it was improperly joined as a defendant and its motion to
dismiss (docket entry 10) is DENIED as moot. Additionally, defendants Wells Fargo
Bank, N.A. and Mortgage Electronic Registration Systems, Inc.’s motion to dismiss

(docket entry 9) is GRANTED and plaintiff’s claims against these defendants are
DISMISSED with prejudice pursuant to FED. R. CIV. P. 12(b)(6).
SO ORDERED.

August 9, 2013.

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A. JOE FISH
Senior United States District Judge

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