Kaiser v. MetLife Home Loans

Filing 13

OPINION AND ORDER granting 7 Motion for Summary Judgment.(Signed by Judge Melinda Harmon) Parties notified.(rhawkins, 4)

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHER DISTRICT OF TEXAS

HOUSTON DIVISION

TRACY KAISER,

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Plaintiff,
VS.
METLIFE HOME LOANS,
Defendants.

CIVIL ACTION H-13-1186

OPINION AND ORDER

Pending before the Court in the above referenced cause seeking
to halt a scheduled foreclosure and to quiet tit

on her property

at 3214 Boxelder Drive, Houston, Texas 77082, are Defendant Metlife
Home Loans' motion for summary judgment (instrument #7) and United
States

Magistrate

Judge

Frances

Stacy's

memorandum

recommendation (#12) that the motion be granted.

and

intiff Tracy

Kaiser failed to respond to the motion for summary judgment and has
filed

no

objections

to

the

Magistrate

Judge's

memorandum

and

memorandum

and

recommendation.
Standard of Review

Findings

of

the

Magistrate

Judge

in

a

recommendation to which no specific objections are made require the
Court only to decide whether the memorandum and recommendation is
clearly erroneous or contrary to law.
864

F.2d 1219,

accept,

1221

Cir.

reject, or modify,

recommendations

made

by

Id., citing U.S. v. Wilson,

1989).

in whole or

the

magistrate

The

district

part,
judge."

the

court

"may

ndings or
28

U.S.C.

§

636(b) (1) (C).

The Court, having reviewed t
memorandum and recommendation,

briefs, the Magistrate Judge's
and the applicable law,

finds the

Magistrate has correctly summarized the law and applied it to the
facts in this action.

Accordingly, the Court

ADOPTS the Magistrate Judge's memorandum and recommendation as
s own and ORDERS that the motion for summary judgment is GRANTED.
Final judgment will issue by separate order.

SIGNED at Houston, Texas, this

~q

J<.,

day of May, 2014.

MELINDA HARMON
UNITED STATES DISTRICT JUDGE