Fortune, et al., v. Idaho Housing & Finance Association HOMELOANSERV

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
TIMOTHY LEROY FORTUNE, et al.,
Plaintiffs,
v.
IDAHO HOUSING & FINANCE
ASSOCIATION, et al.,
Defendants.
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Civil Action No. 4:24-cv-00316
Judge Mazzant/Judge Davis
MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action,
this matter having been heretofore referred to the Magistrate Judge pursuant to 28 U.S.C. § 636.
On January 22, 2026, the Magistrate Judge entered a Report and Recommendation (Dkt. #50) that
Defendants Idaho Housing & Finance Association and HomeLoanServ’s Motion to Dismiss
(Dkt. #35) be granted. On February 4, 2026, Plaintiffs Timothy and Ashley Fortune filed
Objections (Dkt. #51) to the Report.
The Court has conducted a de novo review of the Objections and is of the opinion that the
findings and conclusions of the Magistrate Judge are correct, and the Objections are without merit
as to the ultimate findings of the Magistrate Judge. Accordingly, the Objections (Dkt. #51) are
OVERRULED and the Magistrate Judge’s Report is ADOPTED as the findings and conclusions
of the Court.
It is therefore ORDERED that Defendants Idaho Housing and Finance Association and
HomeLoanServ’s Motion to Dismiss (Dkt. #35) is hereby GRANTED.
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It is FURTHER ORDERED that Plaintiffs Timothy and Ashley Fortune’s claims against
Defendants Idaho Housing & Finance Association and HomeLoanServ are DISMISSED WITH
PREJUDICE.
IT IS SO ORDERED.
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