Habib v. Bank of America Corp.

Filing 15

ORDER adopting 10 Report and Recommendations, granting 3 Motion to Dismiss without prejudice. The Plaintiff has 14 days to file an amended complaint; if he does not, the dismissal is with prejudice. Signed by Judge Thomas W. Thrash, Jr on 6/29/11. (dr)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION RAWSHAN ARA HABIB, Plaintiff, v. CIVIL ACTION FILE NO. 1:10-CV-4079-TWT BANK OF AMERICA CORP., Defendant. ORDER This is an action seeking to prevent a mortgage foreclosure. It is before the Court on the Report and Recommendation [Doc. 10] of the Magistrate Judge recommending granting the Defendant’s Motion to Dismiss [Doc. 3]. The Plaintiff has failed to state a plausible claim for relief. The Court approves and adopts the Report and Recommendation as the judgment of the Court. This action is dismissed without prejudice. The Plaintiff has 14 days in which to file an amended complaint which complies with Rule 8. If he does not, the dismissal is with prejudice. SO ORDERED, this 29 day of June, 2011. /s/Thomas W. Thrash THOMAS W. THRASH, JR. United States District Judge T:\ORDERS\10\Habib\r&r.wpd

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