Pak v. Capital One Bank et al

Filing 37

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 35 Report and Recommendations, and dismissing Plaintiff's claims with prejudice. Signed by Judge Robert W. Schroeder, III on 12/29/16. (mjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
CHARLES W. PAK,
Plaintiff,

V.
CAPITAL ONE BANK ET AL.,
Defendants.

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CIVIL ACTION NO. 6:16-CV-226

ORDER ADOPTING REPORT AND RECOMMENDATION OF

UNITED STATES MAGISTRATE JUDGE
Before the Court is Defendant Capital One, N.A.’s 1 (“Capital One”) Motion for a
More Definite Statement Under Federal Rule of Civil Procedure 12(e). (Doc. No. 31.) Also
before the Court is Plaintiff Charles W. Pak’s Motion and Objection to Dismissal. (Doc. No.
33.)

On October 31, 2016, Magistrate Judge John D. Love filed a Report and

Recommendation that contains his proposed findings of fact and recommendations for the
dismissal of this action with prejudice. (Doc. No. 35.) Plaintiff acknowledged receipt of the
Report and Recommendation on November 2, 2016. (Doc. No. 36.) No objections to the
Report and Recommendation were filed.
This Court agrees with the Magistrate Judge’s finding that Plaintiff’s complaint does
not meet the pleading standards of Fed. R. Civ. P. 8. Indeed, Plaintiff’s conclusory and
unsupported statements fail to establish sufficient plausible facts that could utlimately serve
as a basis for relief. This Court further agrees with the Magistrate Judge’s conclusion that
Plaintiff has incurably failed to state a claim under Rule 8, and dismissal is the proper course
of action.
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In its Motion, Capital One notes that it has been improperly named in this lawsuit as “Capital One Bank, Capital
One Bank-Credit Card, and Capital One Bank-Shareholder Department.” (Doc. No. 31.)

This Court, finding no plain error in the Magistrate Judge’s reasoning and analysis
hereby ADOPTS the Magistrate Judge’s Report and Recommendation. For the reasons stated
in the Report and Recommendation, all of Plaintiff’s claims are DISMISSED WITH
PREJUDICE.
So ORDERED and SIGNED this 29th day of December, 2016.

____________________________________
ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE

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