Herrin v. MSR Asset Vehicle LLC

Opinion

UNITED STATES DISTRICT COURT October 08, 2024 WESTERN DISTRICT OF TEXAS CLERK, U.S. DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION NM BY: ________________________________ DAMON L. HERRIN, INDIVIDU- § DEPUTY ALLY, AND AS CO-INDEPENDENT § EXECUTOR OF THE ESTATE OF § BARBARA A. HERRIN, DECEASED, § § Plaintiff, § § CIVIL NO. SA-23-CV-00985-OLG v. § § MSR ASSET VEHICLE LLC and § PHH MORTGAGE CORPORATION, § § Defendants. § ORDER The Court has considered United States Magistrate Judge Richard B. Farrer’s Report and Recommendation (R&R), filed September 13, 2024, concerning the status of this case. (See R&R, Dkt. No. 29.) Any party who desires to object to a Magistrate Judge’s findings and recommendations must serve and file specific written objections within fourteen days after being served with a copy of the findings and recommendations. FED. R. CIV. P. 72(b)(2). Defendants, through counsel, were electronically served with a copy of the R&R on September 16, 2024. A copy of the R&R was mailed to Plaintiff via certified mail that same day (see Dkt. No. 30) and returned as undeliverable on September 23, 2024 (see Dkt. No. 31). To date, no objections have been filed. Because no party has objected to the Magistrate Judge’s findings or recommendations, the Court reviews the R&R for clear error. See United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989); cf. 28 U.S.C. § 636(b)(1) (“A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which an objection is made.”) After such review, the Court finds that the R&R is neither clearly erroneous nor contrary to law. Accordingly, the Court ACCEPTS the Magistrate Judge’s R&R and, for the reasons set forth therein, this case is DISMISSED for want of prosecution and for failure to comply with a court order. See FED. R. CIv. P. 41(b). All other pending motions are DISMISSED AS MOOT. This case is CLOSED. It is so ORDERED.

SIGNED this 8th day of October, 2024. Gwen ORLANDO L. GARCIA United States District Judge