Foster v. The Bank of New York Mellon, et al

Filing 51

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE GRANTING 46 Motion for Summary Judgment, filed by The Bank of New York Mellon, re 48 Report and Recommendations. Signed by District Judge Richard A. Schell on 6/13/2018. (baf, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

VICTOR W. FOSTER
v.
THE BANK OF NEW YORK MELLON
f/k/a THE BANK OF NEW YORK, as
TRUSTEE (CWALT 2004-22CB), and
BAYVIEW LOAN SERVICING, L.L.C.

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Civil Action No. 4:17-CV-319
(Judge Schell/Judge Nowak)

MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF 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 Magistrate Judge pursuant to 28 U.S.C. § 636.
On May 10, 2018, the report of the Magistrate Judge (Dkt. #48) was entered containing proposed
findings of fact and recommendations that Defendants the Bank of New York Mellon, f/k/a The
Bank of New York, as Trustee (CWALT 2004-22CB), and Bayview Loan Servicing, L.L.C.’s
(collectively the “Defendants”) Motion for Summary Judgment (Dkt. #46) be granted.
Having received the report of the Magistrate Judge, and no objections thereto having been
timely filed, the 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.
It is, therefore, ORDERED that Defendants’ Motion for Summary Judgment (Dkt. #46)
is GRANTED. Plaintiff’s claims against Defendants are hereby DISMISSED with prejudice.
IT IS SO ORDERED.

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SIGNED this the 13th day of June, 2018.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE