Grove v. Citibank, NA

Filing 33

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE GRANTING 11 Motion to Dismiss filed by Citibank NA, 20 Report and Recommendations. Signed by Judge Richard A. Schell on 9/29/2014. (baf, )

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

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Plaintiff,
VS.
CITIBANK, N.A., as Successor Trustee
to U.S. Bank National Association as
Trustee Trust 2007-HF1 Mortgage PassThrough Certificates, Series 2007-HF1
Defendant.

Case No. 4:13CV693

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 July 30, 2014, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Defendant’s Motion to Dismiss Plaintiff’s Original
Petition (Dkt. 11) be GRANTED, that Plaintiff’s breach of contract claims against Citibank be
dismissed with prejudice, and that Plaintiff’s claims for injunctive relief be dismissed for lack of
jurisdiction.
The court has made a de novo review of the objections raised by Plaintiff (see Dkt. 21), as
well as Defendant’s response (see Dkt. 30), and is of the opinion that the findings and conclusions
of the Magistrate Judge are correct and the objections are without merit as to the ultimate findings
of the Magistrate Judge. The court hereby adopts the findings and conclusions of the Magistrate
Judge as the findings and conclusions of this court.

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Therefore, Defendant’s Motion to Dismiss Plaintiff’s Original Petition (Dkt. 11) is
GRANTED, Plaintiff’s breach of contract claims against Citibank are dismissed with prejudice, and
Plaintiff’s claims for injunctive relief are dismissed for lack of jurisdiction.
IT IS SO ORDERED.
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SIGNED this the 29th day of September, 2014.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

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