Osborn v. The Bank of New York Mellon

Filing 17

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: It is ORDERED that defendant The Bank of New York Mellon f/k/a Bank of New York, as Trustee's motion to dismiss plaintiff's original petition (docket entry 6 ) is GRANTED. All of plaintiffs claims contained in his original petition are DISMISSED. Plaintiff shall have 14 days to file an amended complaint. (Ordered by Senior Judge A. Joe Fish on 6/7/2016) (trk)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

CHARLES RAY OSBORN,

)
)
Plaintiff,
)
)
)
VS.
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THE BANK OF NEW YORK MELLON )
f/k/a BANK OF NEW YORK, as Trustee )
for the Certificate Holders of the CWABS )
)
Inc., Asset-Backed Certificate Series
)
2005-4,
)
)
Defendant.

CIVIL ACTION NO.
3:16-CV-0308-G (BF)

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

The court has under consideration the findings, conclusions, and
recommendation of the United States Magistrate Judge Paul D. Stickney. The
district court reviewed the proposed 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 The Bank of New York Mellon f/k/a
Bank of New York, as Trustee’s motion to dismiss plaintiff’s original petition (docket

entry 6) is GRANTED. All of plaintiff’s claims contained in his original petition are
DISMISSED. Plaintiff shall have 14 days to file an amended complaint.

June 7, 2016.
___________________________________
A. JOE FISH
Senior United States District Judge

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