Rogers v. Merchants Bank

Filing 17

ORDER ADOPTING as AMENDED 14 REPORT AND RECOMMENDATIONS re 4 MOTION to Dismiss filed by Merchants Bank. Defendant's motion to dismiss (doc. 4) is granted and this matter is dismissed with prejudice. Signed by Judge Kristi K. DuBose on 8/13/2015. (copy to plaintiff) (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION LISA ROGERS, Plaintiff, v. MERCHANTS BANK, Defendant. ) ) ) ) ) ) ) CIVIL ACTION: 15-00253-KD-C ORDER After due and proper consideration of all portions of this file deemed relevant to the issues raised, and a de novo determination of those portions of the Report and Recommendation (Doc. 14) to which objection is made (and with consideration of the response thereto) (Docs. 15, 16), the Report and Recommendation (Doc. 14) of the Magistrate Judge made under 28 U.S.C. § 636(b)(l)(B) and dated July 23, 2015, is ADOPTED as AMENDED as the opinion of this Court to include the following ADDITIONAL findings: In Plaintiff's objection to the Report and Recommendation she attempts to add a new claim, as well as argue that she is requesting an accounting. As noted by the Defendant, an attempt to amend her complaint by way of an objection to the Report and Recommendation is procedurally deficient. The Report and Recommendation addresses the current complaint and correctly finds that it is due to be dismissed based on the statute of limitations. With those additional findings, it is ORDERED that Defendant’s motion to dismiss (Doc. 4) is GRANTED and this matter is DISMISSED with prejudice. DONE and ORDERED this the 13th day of August, 2015. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

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