Driskell v. Thompson et al

Filing 45

ORDER adopting 44 Recommendation of the United States Magistrate Judge. Defendant's Motion to Dismiss Plaintiff's Complaint Pursuant to Fed. R.Civ. P. 12(b)(6) [# 21 ] is granted. Plaintiff's claims against defendant, Bank of Americ a, N.A., alleging violations of the Fourth, Fifth, and Fourteenth Amendments, are DISMISSED WITHOUT PREJUDICE. Plaintiff's claims against defendant, Bank of America, N.A., alleging fraud, violations of the Fair Debt Collection Practices Act, and violation of the Seventh Amendment, are DISMISSED WITH PREJUDICE. At the time judgment enters, Judgment shall enter on behalf of defendant, Bank of America, N.A., against Plaintiff, Robert J. Driskell. Defendant, Bank of America, N.A., is DROPPED as a named party to this action,and the case caption AMENDED accordingly. By Judge Robert E. Blackburn on 9/10/2013.(klyon, )

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