Opinion
No. 3:17-CV-3121-C-BT
09-07-2018
BRUCE HOWARD BRYANT, et al., Plaintiff, v. WELLS FARGO BANK, N.A., et al., Defendants.
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 United States Magistrate Judge, in accordance with 28 U.S.C. § 636(b)(1), the undersigned Senior District Judge is of the opinion that the Findings and Conclusions of the Magistrate Judge are correct and they are accepted and ADOPTED as the findings and conclusions of the Court.
No timely objections to the Magistrate Judge's Findings, Conclusions, and Recommendation were filed.
For the reasons stated in the Findings, Conclusions, and Recommendation of the United States Magistrate Judge:
(1) Plaintiff's Motion to Release Parties and Defendants' Motion to Dismiss are GRANTED;
Plaintiff's Motion to Release Parties seeks voluntary dismissal of Defendants Paiz, Hopkins, De Lucas, and Rons. Those parties should be terminated from the case docket by the Clerk of Court upon the docketing of this Order. --------
(2) Plaintiff's claims are DISMISSED WITHOUT PREJUDICE and Plaintiff may file an amended complaint within twenty-one (21) days from the date of this Order;
(3) Plaintiff's First Motion for Summary Judgment is premature and DENIED; and
(4) If Plaintiff fails to timely amend his complaint, the Court will convert its dismissal to a dismissal with prejudice and enter a final judgment accordingly.
SIGNED this 7th day of September, 2018.
/s/ _________
SAM R. CUMMINGS
SENIOR UNITED STATES DISTRICT JUDGE