Greer v. Bank of America NA et al

Filing 21

ORDER ACCEPTING 20 FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. This order dismisses without prejudice Plaintiff's remaining claims against Defendants for fraud, usury, unjust enrichment, and wrongful foreclosure pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute. (Ordered by Judge Sam A Lindsay on 2/24/2015) (aaa)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
BILLY GREER,
Plaintiff,
v.
BANK OF AMERICA, N.A., et al.,
Defendants.

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Civil Action No. 3:13-CV-2915-L

ORDER
This case was referred to Magistrate Judge Paul D. Stickney, who entered Findings,
Conclusions and Recommendation of the United States Magistrate Judge (“Report”) on February
2, 2015, recommending that Plaintiff’s remaining claims against Defendants for fraud, usury, unjust
enrichment, and wrongful foreclosure be dismissed without prejudice pursuant to Federal Rule of
Civil Procedure 41(b) for failure to prosecute.* No objections to the Report were filed.
Having reviewed the pleadings, file, record in this case, and Report, the court determines that
the findings and conclusions of the magistrate judge are correct, accepts them as those of the court,
and dismisses without prejudice Plaintiff’s remaining claims against Defendants for fraud, usury,
unjust enrichment, and wrongful foreclosure pursuant to Federal Rule of Civil Procedure 41(b) for
failure to prosecute. The court therefore need not address Defendants’ summary judgment motion
as to these claims and directs the clerk of the court to term that motion (Doc. 18).

*

Plaintiff’s claims for breach of fiduciary duty, civil conspiracy, quiet title, and alleged violations of the Truth
in Lending Act and Fair Credit Reporting Act were previously dismissed with prejudice.
Order –Page 1

It is so ordered this 24th day of February, 2015.

_________________________________
Sam A. Lindsay
United States District Judge

Order –Page 2