Moroni v. General Motors Financial Company, Inc.

Filing 29

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 28 Memorandum and Recommendations, (Signed by Judge Charles Eskridge) Parties notified. (jmg4)

United States District Court
Southern District of Texas

ENTERED
August 29, 2024
Nathan Ochsner, Clerk

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
SARAH MARIA
MORONI,
Plaintiff,

§ CIVIL ACTION NO
§ 4:23-cv-04526
§
§
§
vs.
§ JUDGE CHARLES ESKRIDGE
§
§
GENERAL MOTORS
§
FINANCIAL COMPANY §
INC,
§
Defendant. §
ORDER ADOPTING
MEMORANDUM AND RECOMMENDATION
Plaintiff Sarah Maria Moroni, proceeding pro se and in
forma pauperis, filed a complaint against Defendant
General Motors Financial Company, Inc asserting claims
for violations of the Truth in Lending Act and multiple
other federal statutes in connection with the repossession
of her vehicle. Dkt 1. The matter was referred for
disposition to Magistrate Judge Christina A. Bryan. Dkt 3.
Pending is a Memorandum and Recommendation
recommending that this case be dismissed with prejudice
(i) for want of prosecution and failure to comply with a
court order pursuant to Rule 41(b), and (ii) for failure to
state a claim pursuant to Rule 12(b)(6). Dkt 28.
The district court reviews de novo those conclusions of
a magistrate judge to which a party has specifically
objected. See FRCP 72(b)(3) & 28 USC § 636(b)(1)(C); see
also United States v Wilson, 864 F2d 1219, 1221 (5th Cir
1989, per curiam). The district court may accept any other
portions to which there’s no objection if satisfied that no
clear error appears on the face of the record. See Guillory v

PPG Industries Inc, 434 F3d 303, 308 (5th Cir 2005), citing
Douglass v United Services Automobile Association, 79 F3d
1415, 1430 (5th Cir 1996, en banc); see also FRCP 72(b)
advisory committee note (1983).
None of the parties filed objections. No clear error
otherwise appears upon review and consideration of the
Memorandum and Recommendation, the record, and the
applicable law.
The Memorandum and Recommendation of the
Magistrate Judge is ADOPTED as the Memorandum and
Order of this Court. Dkt 28.
This case is DISMISSED WITH PREJUDICE.
A final judgment will issue by separate order.
SO ORDERED.
Signed on August 28, 2024, at Houston, Texas.
___________________________
Hon. Charles Eskridge
United States District Judge

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