Rivers v. Bank of America NA et al

Filing 19

ORDER ACCEPTING 18 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: IT IS THEREFORE ORDERED that Defendant Bank of America, N.A.'s ("Defendant") Motion to Dismiss Pursuant to Federal Rule of Civil Pro cedure 12(b)(6) [ECF No. 6 ] ('Motion to Dismiss") is GRANTED IN PART, and Plaintiff Cornell Rivers, Sr.'s ("Plaintiff") claims against Defendant are DISMISSED WITHOUT PREJUDICE at this time. Plaintiff has 30 days from the d ate of this Order to file an amended complaint addressing the deficiencies raised in Defendant's Motion to Dismiss. Should Plaintiff fail to amend his complaint within 30 days, Plaintiff's claims against Defendant will be dismissed WITH PREJUDICE. (Ordered by Judge Barbara M.G. Lynn on 2/23/2016) (sss)

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
CORNELL RIVERS, SR.,
Plaintiff,
v.
BANK OF AMERICA, N.A., and
MACKIE, WOLF, ZIENTZ,
and MANN, P.C.,
Defendants.

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No. 3:15-CV-1755-M (BF)

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
The Court has under consideration the Findings, Conclusions, and Recommendation of
United States Magistrate Judge Paul D. Stickney. The District Court reviewed the Findings,
Conclusions and Recommendation for plain error. Finding none, the Court accepts the Findings,
Conclusions, and Recommendation of the United States Magistrate Judge.
IT IS THEREFORE ORDERED that Defendant Bank of America, N.A.’s (“Defendant”)
Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) [ECF No. 6] (“Motion to
Dismiss”) is GRANTED IN PART, and Plaintiff Cornell Rivers, Sr.’s (“Plaintiff”) claims against
Defendant are DISMISSED WITHOUT PREJUDICE at this time. Plaintiff has 30 days from the
date of this Order to file an amended complaint addressing the deficiencies raised in Defendant’s
Motion to Dismiss. Should Plaintiff fail to amend his complaint within 30 days, Plaintiff’s claims
against Defendant will be dismissed WITH PREJUDICE.
SO ORDERED this 23rd day of February, 2016.

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BARBARA M. G. LYNN
UNITED STATES DISTRICT JUDGE
NORTHERN DISTRICT OF TEXAS