Smith v. Wells Fargo Bank National Association (MAG+)

Filing 21

AMENDED JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court as follows:(1) Plaintiff's 17 objections are overruled. (2) The United States Magistrate Judge's 16 recommendation is adopted, with the exception noted in the opinion. (3) The 12 motion to dismiss is granted. (4) Plaintiff's 1 complaint is dismissed without prejudice. (5) The case is referred back to the United States Magistrate Judge to enter a recommendation on plaintiff's 17 motion for leave to file an amended complaint. This case is not closed. Signed by Honorable Judge Myron H. Thompson on 3/21/2016. (kh, )

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

ALEX SMITH JR., a man,

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Plaintiff,
v.
WELLS FARGO BANK
NATIONAL ASSOCIATION,
Defendant.

CIVIL ACTION NO.
2:15cv54-MHT
(WO)

AMENDED JUDGMENT
In accordance with the memorandum opinion entered
on

March

11,

2016

(doc.

no.

19),

it

is

the

ORDER,

JUDGMENT, and DECREE of the court as follows:
(1) Plaintiff's

objections

(doc.

no.

17)

are

overruled.
(2) The
recommendation

United
(doc.

States
no.

16)

Magistrate
is

adopted,

Judge's
with

the

exception noted in the opinion.
(3) The motion to dismiss (doc. no. 12) is granted.
(4) Plaintiff’s complaint (doc. no. 1) is dismissed
without prejudice.

(5) The case is referred back to the United States
Magistrate

Judge

plaintiff’s

motion

to
for

enter
leave

a
to

recommendation
file

an

on

amended

complaint (doc. no. 17).
This case is not closed.
DONE, this the 21st day of March, 2016.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE