Ely v. PennyMac Loan Services, LLC

□ Southern District of Texas ENTERED December 09, 201¢ UNITED STATES DISTRICT COURT David J. Bradley, Clerk SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION DYLAN ELY, et al, § .

§ Plaintiffs, § VS. § CIVIL ACTION NO. 2:19-CV-171 § PENNYMAC LOAN SERVICES, LLC, et § al, § § Defendants. § ORDER ADOPTING MEMORANDUM AND RECOMMENDATION Before the Court is Magistrate Judge Jason B. Libby’s Memorandum and Recommendation advising the Court to dismiss this action for want of prosecution under Federal Rule of Civil Procedure 41(b). (D.E. 15).

The parties were provided proper notice of, and the opportunity to object to, the Magistrate Judge’s Memorandum and Recommendation. FED. R. CIv. P. 72(b); 28 U.S.C. § 636(b)(1); General Order No. 2002-13. The parties did not file any objections thereto.

See (D.E. 16); 29 U.S.C. § 636(b)(1); FED. R. CIv. P. 72(b)(2). Where no objection is filed, district court need only determine whether the magistrate judge’s memorandum and recommendation is clearly erroneous or contrary to law. See United States v. Wilson, 864 _ 1219, 1221 (Sth Cir. 1989); Bhakta-Gallier v. Tenet Healthcare Corp., No. 4:17-CV- 3178, 2018 WL 1316741, at *1 (SD. Tex. Mar. 13, 2018).

Having carefully reviewed the proposed findings and conclusions of the Magistrate Judge, the filings of the parties, the record, and the applicable law, the Court ADOPTS the Memorandum and Recommendation (D.E. 15) in its entirety. Accordingly, this action is 1/2 .

DISMISSED without prejudice. Defendant PennyMac Loan Services, LLC’s motion to dismiss (D.E. 3) is DENIED AS MOOT.

SIGNED and ORDERED this Or day of TU DA S. MORALES UNITED STATES DISTRICT JUDGE 2/2