Goguette et al v. U.S. Bank National Association

Filing 12

ORDER APPROVING AND ADOPTING 6 Final Report and Recommendation and GRANTING 5 Motion to Dismiss for Failure to State a Claim. This action is DISMISSED. Signed by Judge Thomas W. Thrash, Jr on 10/7/16. (jkl)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
ROOSSEVELT GOGUETTE and
KATHLEEN T. GOGUETTE,
Plaintiffs,
v.

CIVIL ACTION FILE
NO. 1:15-CV-3826-TWT

U.S. BANK NATIONAL
ASSOCIATION
as Trustee for Registered Holders of
First Franklin Mortgage Loan Trust,
Mortgage Assets-Backed Certificates,
Series 2007-FF1,
Defendant.

ORDER

This is an action seeking damages for wrongful foreclosure. It is before the
Court on the Report and Recommendation [Doc. 6] of the Magistrate Judge
recommending dismissing the action for failure to state a claim. Given the vague
description of Kathleen Goguette’s description of her interest in the property at the
time of her Chapter 13 bankruptcy proceeding, the statement in the Plaintiffs’
Objections that she is now on the title is insufficient to save the Plaintiffs’ cause of
action.

The Court approves and adopts the Report and Recommendation as the

judgment of the Court. This action is DISMISSED.
T:\ORDERS\15\Goguette\r&r.wpd

SO ORDERED, this 7 day of October, 2016.

/s/Thomas W. Thrash
THOMAS W. THRASH, JR.
United States District Judge

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