Reported / Citable
Background
Benjamin Blackwell brought an action against Freedom Mortgage Corporation in the U.S. District Court for the Eastern District of Texas. The matter was referred to a U.S. magistrate judge under 28 U.S.C. § 636.
On September 15, 2026, the magistrate judge issued proposed findings of fact and recommended granting Freedom Mortgage Corporation’s motion to dismiss. No timely objections to the report and recommendation were filed.
The Court’s Holding
District Judge Sean D. Jordan concluded that the magistrate judge’s findings and conclusions were correct and adopted the report as the findings and conclusions of the court.
The court granted Freedom Mortgage Corporation’s motion to dismiss and dismissed Blackwell’s claims without prejudice. It gave Blackwell 14 days from docketing of the order to file an amended complaint and stated that failure to do so would result in dismissal with prejudice.
Key Takeaways
- The court adopted the magistrate judge’s unopposed report and recommendation.
- Blackwell’s claims against Freedom Mortgage Corporation were dismissed without prejudice.
- Blackwell may amend within 14 days after docketing; otherwise, the case will be dismissed with prejudice.
Why It Matters
The order gives Blackwell a limited opportunity to cure the deficiencies underlying the dismissal by filing an amended complaint. If he does not amend within the specified period, the dismissal will become one with prejudice.