Frazier v. Colonial Bank et al (MAG+)

Filing 46

JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Plf Dawn Frazier's 44 Objections are overruled; (2) The magistrate judge's 43 Recommendation is granted; (3) Dft Federal Deposit Insurance Corporation's [ 27] Motion to Substitute Party is granted and dft Federal Deposit Insurance Corporation is substituted for dft Colonial Bank; (4) Dft Branch Banking and Trust Company's motions to dismiss and alternative motion for more definite statement (doc. nos. 17 and 23 ) are denied as moot; (5) Dft Federal Deposit Insurance Corporation's 32 Motion to Dismiss is granted; (6) This case is dismissed in its entirety for lack of subject-matter jurisdiction; further ORDERED that costs are taxed a gainst plf Frazier, for which execution may issue; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; This case is closed. Signed by Honorable Myron H. Thompson on 3/7/2011. (Attachments: # 1 Civil Appeals Checklist)(wcl, )

-WC Frazier v. Colonial Bank et al (MAG+)

Doc. 46

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

DAWN FRAZIER, Plaintiff, v. COLONIAL BANK, et al., Defendants.

) ) ) ) ) ) ) ) ) JUDGMENT

CIVIL ACTION NO. 2:10cv287-MHT (WO)

In accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Plaintiff Dawn Frazier's objections (doc. no. 44) are overruled. (2) The magistrate judge's recommendation (doc. no. 43) is granted. (3) Defendant Federal Deposit Insurance Corporation's motion to substitute party (doc. no. 27) is granted and defendant Federal Deposit Insurance Corporation is

substituted for defendant Colonial Bank.

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(4) Defendant Branch Banking and Trust Company's motions to dismiss and alternative motion for more

definite statement (doc. nos. 17 and 23) are denied as moot. (5) Defendant Federal Deposit Insurance Corporation's motion to dismiss (doc. no. 32) is granted. (6) This case is dismissed in its entirety for lack of subject-matter jurisdiction. It is further ORDERED that costs are taxed against plaintiff Frazier, for which execution may issue. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is closed. DONE, this the 7th day of March, 2011.

/s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE