Tyler v. Ocwen Loan Servicing, LLC et al

Filing 20

Order Accepting 16 Findings and Recommendation of the United States Magistrate Judge. Accordingly, Plaintiff's 11 Motion for Default Judgment is DENIED, and Defendant's 5 Motion to Dismiss is GRANTED. (Ordered by Judge David C Godbey on 9/14/2015) (axm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

LOU TYLER,
Plaintiff,
v.
OCWEN LOAN SERVICING, et al.,
Defendants.

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Civil Action No. 3:15-CV-1117-N-BK

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
The United States Magistrate Judge made findings, conclusions and a recommendation in
this case.1 No objections were filed by Plaintiff although she did file a Notice of Appeal to the
Court of Appeals for the Fifth Circuit. 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, Plaintiff’s Motion for Default Judgment is DENIED, and Defendant’s Motion to
Dismiss is GRANTED.
SO ORDERED on September 14, 2015.

1

On August 7, 2015, Tyler filed a notice of interlocutory appeal. See Notice of Interlocutory
Appeal [18]. Error! Main Document Only.Despite Tyler’s appeal, the Court retains
jurisdiction to enter this Order. See United States v. Green, 882 F.2d 999, 1001 (5th Cir. 1989)
(holding notice of appeal from a nonappealable order does not divest the district court of
jurisdiction); United States v. Hitchmon, 602 F.2d 689, 693 (5th Cir. 1979) (noting the contrary
rule “leaves the court powerless to prevent intentional dilatory tactics, forecloses without remedy
the nonappealing party’s right to continuing trial court jurisdiction, and inhibits the smooth and
efficient functioning of the judicial process), superseded on other grounds as recognized in
United States v. Martinez, 763 F.2d 1297, 1308 n.11 (11th Cir. 1985). Tyler’s notice of
interlocutory appeal in this action purports to appeal the Magistrate Judge’s Findings,
Conclusions, and Recommendation, which is nonappealable. Accordingly, this Court retains
jurisdiction to issue this order.

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UNITED STATES DISTRICT JUDGE