Wallace et al v. U.S. Bank, NA, as Successor Trustee et al

Filing 32

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 8 Motion to Dismiss. Signed by Judge Richard A. Schell on 3/31/2015. (pad, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
ROBERT WALLACE
and MICHELLE WALLACE

§
§
§
§
§
§
§
§
§
§
§
§

Plaintiffs,
VS.
U.S. BANK NATIONAL ASSOCIATION
as Trustee, Successor in Interest to BANK
OF AMERICA, et al.
Defendants.

Case No. 4:14CV521

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 December 22, 2014, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Defendants’ Motion to Dismiss Under Rule 12(b)(6) (Dkt.
8) be GRANTED, that Plaintiffs take nothing by any of their claims against Defendants, and that this
matter be closed on the court’s docket.
The court has made a de novo review of the objections raised by Plaintiffs, as well as
Defendants’ response, 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.

1

Therefore, Defendants’ Motion to Dismiss Under Rule 12(b)(6) (Dkt. 8) is GRANTED, and
Plaintiffs shall take nothing by any of their claims against Defendants. This matter shall be closed
on the court’s docket, and all costs shall be borne by the party incurring same.
IT IS SO ORDERED.

.

SIGNED this the 31st day of March, 2015.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

2