Hilger et al v. Bank of America, N.A.

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 14 Report and Recommendations, 5 Motion to Dismiss Case as Frivolous, filed by Bank of America, N.A.. Defendant Bank of America, N.A.s Motion to Dismiss Plaintiffs Original Petition Under Rule 12(b)(6) (Dkt. 5) is GRANTED and Plaintiffs claims are dismissed with prejudice for failure to state a claim. Signed by Judge Richard A. Schell on 3/27/13. (cm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
MARK HILGER and JANET HILGER
Plaintiffs,
VS.
BANK OF AMERICA, N.A.
Defendant.

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Case No. 4:12cv214

MEMORANDUM ADOPTING REPORT AND
RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action, this
matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C.
§ 636. On February 25, 2013, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Defendant Bank of America, N.A.’s Motion to Dismiss
Plaintiffs’ Original Petition Under Rule 12(b)(6) (Dkt. 5) be GRANTED and that Plaintiffs’ claims
be dismissed with prejudice for failure to state a claim.
Having received the report of the United States Magistrate Judge, and no objections thereto
having been timely filed, this court is of the opinion that the findings and conclusions of the
Magistrate Judge are correct and adopts the Magistrate Judge’s report as the findings and conclusions
of the court. Therefore, Defendant Bank of America, N.A.’s Motion to Dismiss Plaintiffs’ Original
Petition Under Rule 12(b)(6) (Dkt. 5) is GRANTED and Plaintiffs’ claims are dismissed with
prejudice for failure to state a claim.
IT IS SO ORDERED.

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SIGNED this the 27th day of March, 2013.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE