Barasa v. Bank of New York Mellon et al

Filing 32

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 28 Report and Recommendation; granting 5 Motion to Dismiss,, filed by Mortgage Electronic Registration Systems, The Bank of New York, Recontrust Company, N.A., America's Wholesale Lender.. Signed by Judge Richard A. Schell on 3/28/2014. (kls, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

JOHN BARASA

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Plaintiff,
VS.
BANK OF NEW YORK MELLON f/k/a
BANK OF NEW YORK as Trustee for
the Benefit of the Certificateholders of
the CWABS, Inc. Asset-Backed Pass
Through Certificates, Series 2004-4, et al.
Defendants

Case No. 4:13CV222

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 February 19, 2014, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Defendants’ Motion to Dismiss (Dkt. 5) be GRANTED
and that Plaintiff’s claims against Defendants Bank of America, N.A., as successor by merger to
BAC Home Loans Servicing, L.P., Countrywide Home Loans, Inc. d/b/a America’s Wholesale
Lender, Mortgage Electronic Registration Systems, Inc., The Bank of New York Mellon f/k/a The
Bank of New York as Trustee for the benefit of the Certificateholders of the CWABS, Inc. AssetBacked Certificates Series 2004-4, and ReconTrust Company, N.A. be dismissed with prejudice for

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failure to state a claim. The Magistrate Judge further recommended that Plaintiff’s claims against
Defendants Green, Preston, and Hill be dismissed without prejudice and that this matter be closed
on the court’s docket.
Having received the report of the United States Magistrate Judge, and no objections thereto
having been timely filed,1 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, Defendants’ Motion to Dismiss (Dkt. 5) is GRANTED and Plaintiff’s claims
against Defendants Bank of America, N.A., as successor by merger to BAC Home Loans Servicing,
L.P., Countrywide Home Loans, Inc. d/b/a America’s Wholesale Lender, Mortgage Electronic
Registration Systems, Inc., The Bank of New York Mellon f/k/a The Bank of New York as Trustee
for the benefit of the Certificateholders of the CWABS, Inc. Asset-Backed Certificates Series 20044, and ReconTrust Company, N.A. are hereby dismissed with prejudice for failure to state a claim.
Further, Plaintiff’s claims against Defendants Green, Preston, and Hill are dismissed without
prejudice and this matter shall be closed on the court’s docket.
IT IS SO ORDERED.
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SIGNED this the 28th day of March, 2014.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE
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The court notes that the Magistrate Judge extended the deadline to object to March 19,
2014. See Dkt. 31. No objections were filed by that date.

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