Opinion
CIVIL ACTION NO. 3:17-CV-2586-G (BH)
07-10-2018
U.S. BANK NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS LEGAL TITLE TRUSTEE FOR BCAT 2016-18TT, Plaintiff, v. BILLY PAT ROBINSON, SR., IN HIS CAPACITY AS INDEPENDENT EXECUTOR OF THE ESTATE OF WILLIAM VAN CLARKE, JR., AND LINDA GALE CLARKE, INDIVIDUALLY, Defendants.
ORDER ACCEPTING FINDINGS 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 and any objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the court is of the opinion that the findings and conclusions of the magistrate judge are correct and they are accepted as the findings and conclusions of the court.
Billy Pat Robinson, Sr., in his Capacity as Independent Executor of the Estate of William Van Clarke, Jr.'s Motion to Dismiss due to Forum Non Conveniens, filed November 22, 2017 (docket entry 17) is DENIED, and the plaintiff's case is sua sponte DISMISSED without prejudice. By separate judgment, this case will be DISMISSED without prejudice for lack of subject matter jurisdiction.
SO ORDERED. July 10, 2018.
/s/ _________
A. JOE FISH
Senior United States District Judge