Dupree v. U.S. Bank National Association, as Trustee, Successor In Interest to Bank of America, National Association as Successor by Merger to LaSalle National Association, as Trustee for Certificate Holders of

Filing 12

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE for 11 Report and Recommendations, GRANTING 4 Motion to Dismiss, filed by U.S. Bank National Association, as Trustee, Successor In Interest to Bank of America, National Association as Successor by Merger to LaSalle National Association, as Trustee for Certificate Holders of. Signed by Judge Richard A. Schell on 3/28/2013. (baf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
SCOTT DUPREE,
Plaintiff,
VS.
U.S. BANK NATIONAL ASSOCIATION,
AS TRUSTEE, SUCCESSOR IN INTEREST
BY MERGER TO LaSALLE NATIONAL
ASSOCIATION, AS TRUSTEE FOR
CERTIFICATE HOLDERS OF BEAR
STEARNSASSET BACKED SECURITIES I,
LLC ASSET BACKED CERTIFICATES,
SERIES 2004-HE9,
Defendant.

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Case No. 4:12CV00433

MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION 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 October 19, 2012, the report of the Magistrate Judge was entered containing proposed
findings of fact and a recommendation that Defendant’s Motion to Dismiss Plaintiff’s Amended
Complaint (Dkt. 4) be GRANTED and that Plaintiff’s claims be dismissed with prejudice.
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

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of the court. Therefore, Defendant’s Motion to Dismiss Plaintiff’s Amended Complaint (Dkt. 4) is
GRANTED and Plaintiff’s claims are dismissed with prejudice.
IT IS SO ORDERED.

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SIGNED this the 28th day of March, 2013.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

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