Cargile v. Bank of America et al

Filing 9

ORDER ADOPTING 6 Report and Recommendations. The complaint is DISMISSED with prejudice for lack of subject matter jurisdiction and for failure to state a claim upon which relief may be granted. Any motion not previously ruled on is DENIED. Signed by Judge Leonard Davis on 07/29/13. (mll, )

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

BRETT A. CARGILE

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v.

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BANK OF AMERICA, et al.

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CIVIL ACTION NO. 6:13CV487

ORDER ADOPTING REPORT AND
RECOMMENDATION OF UNITED STATES
MAGISTRATE JUDGE

The Report and Recommendation of the Magistrate Judge, which contains her findings,
conclusions, and recommendation for the disposition of this matter has been presented for
consideration. The Report and Recommendation recommends that the complaint be dismissed with
prejudice for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1) and for failure to
state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915A. Plaintiff, proceeding
pro se, submitted a letter on July 22, 2013. Construing the pleading liberally, it is reviewed as
written objections to the Report and Recommendation.
Having made a de novo review of the written objections filed by Plaintiff, the Court finds that
the findings and conclusions of the Magistrate Judge are correct and the objections are without merit.
The Court, therefore, adopts the findings and conclusions of the Magistrate Judge as those of the
Court.
In light of the foregoing, it is
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ORDERED that the complaint is DISMISSED with prejudice for lack of subject matter
jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1) and for failure to state a claim upon which relief may
be granted pursuant to 28 U.S.C. § 1915A. Any motion not previously ruled on is DENIED.
SIGNED this 19th day of December, 2011.
So ORDERED and SIGNED this 29th day of July, 2013.

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