Rivera v. Discover Bank Card/Discover Financial Services

Filing 24

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 21 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re 13 MOTION to Dismiss filed by Rodulfo L Rivera, 10 MOTION to Remand. Plaintiff's Moti on for Remand (Dkt. #10) is GRANTED and Plaintiff's Motion to Dismiss (Dkt. #13) is DENIED AS MOOT. Plaintiff's case is hereby REMANDED to the Precinct 3, Place 2, Justice Court, Collin County, Texas, for further proceedings. All relief not previously granted is DENIED. Signed by District Judge Amos L. Mazzant, III on 12/20/2017. (rpc, )

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United States District Court EASTERN DISTRICT OF TEXAS SHERMAN DIVISION RODULFO L. RIVERA v. DISCOVER BANK CARD/DISCOVER FINANCIAL SERVICES § § Civil Action No. 4:17-CV-622 § (Judge Mazzant/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 November 13, 2017, the report of the Magistrate Judge (Dkt. #21) was entered containing proposed findings of fact and recommendations that Plaintiff’s Motion to Remand (Dkt. #10) be GRANTED and Plaintiff’s Motion to Dismiss (Dkt. #13) be DENIED AS MOOT. 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 Plaintiff’s Motion for Remand (Dkt. #10) is GRANTED and Plaintiff’s Motion to Dismiss (Dkt. #13) is DENIED AS MOOT. Plaintiff’s . case is hereby REMANDED to the Precinct 3, Place 2, Justice Court, Collin County, Texas, for further proceedings. All relief not previously granted is DENIED. IT IS SO ORDERED. SIGNED this 20th day of December, 2017. ___________________________________ AMOS L. MAZZANT UNITED STATES DISTRICT JUDGE

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