Minnifield v. Wells Fargo Bank, NA et al

Filing 48

ORDER APPROVING AND ADOPTING 43 Final Report and Recommendation and GRANTING 31 , 32 , 33 , 34 Motions to Dismiss for Failure to State a Claim. This case is DISMISSED on the grounds of collateral estoppel and lack of standing. Signed by Judge Thomas W. Thrash, Jr. on 7/31/18. (jkl)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
KIMELYN A. MINNIFIELD,
Plaintiff,
v.

CIVIL ACTION FILE
NO. 1:17-CV-4458-TWT

WELLS FARGO BANK, NA
as Trustee for the Pooling and
Servicing Agreement dated as of May
1, 2005 Asset Backed Pass-Through
Certificates, Series 2005-WHQ3, et al.,
Defendants.
ORDER

This is the third action (not counting bankruptcies) filed by the Plaintiff
seeking to avoid foreclosure of her mortgage. It is before the Court on the Report and
Recommendation [Doc. 43] recommending granting the Defendants’ Motions to
Dismiss on the grounds of collateral estoppel and lack of standing.

The Court

approves and adopts the Report and Recommendation as the judgment of the Court.
The Defendants’ Motions to Dismiss [Docs. 31, 32, 33 & 34] are GRANTED.

T:\ORDERS\17\Minnifield\r&r.wpd

SO ORDERED, this 31 day of July, 2018.

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

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