Starkey v. First Magnus Financial Corporation
| David B. Starkey |
| First Magnus Financial Corporation, Stonecrest Title Escrow Co. LLC, Bank of America Home Loan Servicing LP, Wilson & Associates, P.L.L.C. and Mortgage Electronic Registration Systems, Inc. |
| 3:2011cv01217 |
| December 21, 2011 |
| US District Court for the Middle District of Tennessee |
| Nashville Office |
| Rutherford |
| Todd J. Campbell |
| Juliet E. Griffin |
| All Other Real Property |
| 28 U.S.C. ยง 1441 |
| None |
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Filing
19
ORDER: The Report and Recommendation is adopted and approved. Accordingly, Plaintiff's claims against Defendants First Magnus Financial Corporation and Stonecrest Title Escrow Co., LLC are DISMISSED without prejudice for failure to comply with F ed. R. Civ. P. 4(m) regarding service of process. The Motion to Dismiss 7 of Defendants Bank of America, N.A., Bank of America Home Loan Servicing, LP, Mortgage Electronic Registration Systems, Inc. and MERS Mortgage Electronic Registration is GRAN TED, and Plaintiffs claims against these Defendants are DISMISSED with prejudice. Plaintiff's request for leave to file an Amended Complaint is DENIED, and the Clerk is directed to close this file. Any other pending Motions are denied as moot. This Order shall constitute the final judgment in this case pursuant to Fed. R. Civ. P. 58. IT IS SO ORDERED. Signed by District Judge Todd J. Campbell on 9/28/12. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw)
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Filing
15
REPORT AND RECOMMENDATION: Based on the foregoing, the Court respectfully RECOMMENDS that: 1) Plaintiff's claims against First Magnus Financial Corporation and Stonecrest Title Escrow Co., LLC., be DISMISSED for failure to comply with Rule 4(m) of the Federal Rules of Civil Procedure; 2) the Motion to Dismiss 7 filed by Defendants Bank of America, N.A., Bank of America Home Loan Servicing, LP (as named in the Complaint), Mortgage Electronic Registration Systems, Inc., and MERS Mortgage El ectronic Registration (as named in the Complaint) be GRANTED; 3) Plaintiff's request for leave to file an amended complaint be DENIED; and 4) this action be DISMISSED. Signed by Magistrate Judge Juliet E. Griffin on 9/14/12. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (tmw)
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