Malloy v. Ocwen Loan Servicing LLC et al

Filing 34

Order Accepting 32 Findings, Conclusions, and Recommendation of the United States Magistrate Judge. Plaintiff's motion to remand (docket entry 10 ) is DENIED, and the motion to dismiss (docket entry 12 ) is GRANTED. By separate judgment, this case is DISMISSED without prejudice for lack of subject matter jurisdiction. (Ordered by Senior Judge A. Joe Fish on 10/26/2018) (zkc)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

CHARLES F. MALLOY,
Plaintiff,
VS.
OCWEN LOAN SERVICING, LLC, ET
AL.,
Defendants.

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CIVIL ACTION NO.
3:18-CV-0379-G (BH)

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
After reviewing all relevant matters of record in this case, including the
findings, conclusions, and recommendation of the U.S. Magistrate Judge and any
objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the court is of the
opinion that the findings and conclusions of the magistrate judge are correct and they
are accepted as the findings and conclusions of the court.
For the reasons stated in the findings, conclusions, and recommendation of the
U.S. Magistrate Judge, the plaintiff’s motion to remand (docket entry 10) is
DENIED, and the motion to dismiss filed by the defendant Wells Fargo Bank,
National Association, individually and as trustee for Option One Mortgage Loan
Trust 2007-FXD2 Asset-Backed Certificates, Series 2007-FXD2 (docket entry 12) is

GRANTED. By separate judgment, this case is DISMISSED without prejudice for
lack of subject matter jurisdiction.
SO ORDERED.
October 26, 2018

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A. JOE FISH
Senior United States District Judge

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