Dickey v. State Farm Bank
Filing
8
ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 7 Memorandum and Recommendations, 3 MOTION to Dismiss or, In The Alternative, for More Definite Statement Memorandum and Recommendation, Doc. 7, is ADOPTED. State Farm Banks Motion for to Dismiss, Doc. 3, is GRANTED.Plaintiffs case is DISMISSED WITH PREJUDICE.(Signed by Judge Melinda Harmon) Parties notified.(jdav, 4)
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United States District Court
Southern District of Texas
ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
CHRISTOPHER DICKEY,
Plaintiff,
VS.
STATE FARM BANK,
Defendant.
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May 31, 2018
David J. Bradley, Clerk
CIVIL ACTION NO. 4:18-CV-770
OPINION AND ORDER
ADOPTING MAGISTRATE JUDGE’S MEMORANDUM AND RECOMMENDATION
Pending before the Court in the above referenced proceeding is Movant State Farm
Bank’s Motion for to Dismiss under Rule 12(b)(5) & (6) or, Alternatively, for More Definite
Statement, Doc. 3; and Judge Stacy’s Memorandum and Recommendation that the Court grant
the Movant’s Motion for to Dismiss, Doc. 7, as to all claims. Plaintiff Christopher Dickey neither
responded to the motion to Dismiss nor did he object to the Memorandum and Recommendation.
Thus, under Local Rule 7.4, the motion and memorandum are deemed unopposed.
Upon review, the Court agrees with the Magistrate Judge’s conclusion that Dickey did
not establish a prima facie case his four causes of action: “Breach of Implied Covenant & Bad
Faith,” “Deception & Unfair Business Practices (Federal Trade Commission Act),”
Misrepresentation & Negligent Supervision of Employees,” and “Fair Debt Collections Act.”
The Court also agrees that Dickey did not properly serve State Farm Bank with process. Finally,
the Court agrees that Dickey should not be given leave to amend. Accordingly, the Court hereby
ORDERS that the Memorandum and Recommendation, Doc. 7, is ADOPTED. State
Farm Bank’s Motion for to Dismiss, Doc. 3, is GRANTED.
Plaintiff’s case is DISMISSED WITH PREJUDICE.
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SIGNED at Houston, Texas, this 30th day of May, 2018.
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MELINDA HARMON
UNITED STATES DISTRICT JUDGE
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