FILED June 26, 2024 WESTERN DISTRICT OF TEXAS WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION BY. NM DEPUTY ANDY E. TRINIDAD, § § Plaintiff, § § v. § CIVIL NO. 5:23-CV-01212-OLG § LOANCARE, LLC, § § Defendant. § § ORDER Before the Court is United States Magistrate Judge Henry J. Bemporad’s Report and Recommendation (R&R) concerning Defendant LoanCare, LLC’s Motion to Dismiss (Dkt. No. 5) and Plaintiff Andy E. Trinidad’s Motion to Amend Complaint (Dkt. No. 12). R&R, Dkt. No. 14, filed May 31, 2024. Plaintiff Andy E. Trinidad was sent a copy of the R&R through certified mail on May 31, 2024, and Defendant LoanCare, LLC was electronically served a copy of the R&R on May 31, 2024. Dkt. Nos. 14, 15. The time to object has passed. Dkt. No. 14. Because no party has objected to the R&R, the Court has reviewed the recommendation to determine whether it is clearly erroneous or contrary to law. See United States v. Wilson,

(Sth Cir. 1989). It is not. Accordingly, the Court concludes that Magistrate Judge Bemporad’s Report and Recommendation (Dkt. No. 20) should be and hereby is ADOPTED.

It is therefore ORDERED that, for the reasons stated in the R&R, this matter is hereby DISMISSED WITHOUT PREJUDICE for lack of jurisdiction pursuant to Rules 8(a)(1) and 12(h)(3). It is FURTHER ORDERED that Defendant LoanCare, LLC’s Motion to Dismiss (Dkt. No. 5) and Plaintiff’s Motion to Amend Complaint (Dkt. No. 12) are hereby DENIED AS MOOT. This case may be CLOSED. isso ORDERED.

SIGNED this 18th day of June, 2024. Ow ORLANDO L. GARCIA United States District Judge

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