VanderWerff v. NewRez
CourtCourt of Appeals for the Fifth Circuit
Date FiledNovember 11, 2026
Docket26-10062
StatusUnpublished
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Full Opinion
Case: 26-10062 Document: 39-1 Page: 1 Date Filed: 11/11/2026
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
____________ Fifth Circuit
FILED
No. 26-10062 November 11, 2026
Summary Calendar
Thomas B. Plunkett, III
____________ Clerk
Eric VanderWerff,
Plaintiff—Appellant,
versus
NewRez, L.L.C., doing business as Shellpoint Mortgage
Servicing; U.S. Bank Trust National Association, not in
its Individual Capacity but solely as Owner Trustee for VRMTG Asset
Trust,
Defendants—Appellees.
______________________________
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:24-CV-2316
______________________________
Before Davis, Stewart, and Duncan, Circuit Judges.
Per Curiam: *
Plaintiff-Appellant Eric VanderWerff, proceeding pro se, appeals the
without-prejudice dismissal of his suit after he failed to comply with multiple
court orders. Because we find no clear error, we AFFIRM.
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 26-10062 Document: 39-1 Page: 2 Date Filed: 11/11/2026
No. 26-10062
VanderWerff first filed this case in state court, seeking a restraining
order to prevent foreclosure on his property. The case was removed to
federal court on September 12, 2024. The same day, VanderWerff was
instructed in writing to register as a user of the court’s CM/ECF system, as
required by local court rules. VanderWerff did not comply.
Three days later on September 15, 2024, the magistrate judge ordered
VanderWerff to register by October 8, 2024. Her order also warned
VanderWerff that failure to comply could result in dismissal under civil Rule
41(b). 1 Again, he did not comply.
Over a year later, VanderWerff was advised by the courtroom deputy
that a video hearing was scheduled for November 6, 2025. During that
hearing, the magistrate judge ordered VanderWerff to register as a user of the
court’s CM/ECF system by the close of business; otherwise, the case would
be dismissed. The magistrate judge twice extended the deadline sua sponte,
first to November 17, 2025, and then to November 21, 2025. But
VanderWerff never registered with the court’s CM/ECF.
On December 3, 2025, the magistrate judge recommended the case be
dismissed without prejudice for failure to comply with her orders. Her
recommendation warned VanderWerff that he had 14 days to object to it and
that failure to object would bar him from appealing the recommendation’s
factual findings and legal conclusions, except on grounds of plain error. 2
VanderWerff did not object to the recommendation.
On December 18, 2025, the district judge reviewed the
recommendation for clear error and, finding none, accepted it in full. A
_____________________
1
See Fed. R. Civ. P. 41(b).
2
See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b); Douglass v. United Servs. Auto.
Ass’n, 79 F.3d 1415, 1417 (5th Cir. 1996) (en banc).
2
Case: 26-10062 Document: 39-1 Page: 3 Date Filed: 11/11/2026
No. 26-10062
separate judgment dismissing the case without prejudice entered the same
day. 3 VanderWerff appealed. Because VanderWerff did not object to the
magistrate judge’s recommendation, we review for clear error. 4
We find no clear or obvious error. 5 VanderWerff contends, without
record support, that the district clerk’s office misspelled his name when the
case was removed, which prevented him from registering with CM/ECF. But
he never alerted the district court to the problems he supposedly
encountered, and a court “cannot have erred as to matters which were not
presented to it.” 6 Accordingly, the district court’s judgment is
AFFIRMED.
_____________________
3
The district judge’s order adopting the R&R stated the case would be dismissed
with prejudice. But the final judgment under review dismissed the case without prejudice,
as the magistrate judge recommended.
4
See Douglass, 79 F.3d at 1417.
5
See DeCorte v. Jordan, 497 F.3d 433, 441 (5th Cir. 2007) (“This standard of
review requires a clear or obvious error that affects substantial rights.”).
6
Gabel v. Lynaugh, 835 F.2d 124, 125 (5th Cir. 1988) (per curiam).
3