Roberts v. CitiMortgage, Inc.

Full title: GABRIELLA ROBERTS v. CITIMORTGAGE, INC.

Court: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION

Date published: Apr 25, 2013

CIVIL ACTION NO. 9:13CV17 (E.D. Tex. Apr. 25, 2013)

Opinion

CIVIL ACTION NO. 9:13CV17

04-25-2013

GABRIELLA ROBERTS v. CITIMORTGAGE, INC.

Ron Clark

ORDER ADOPTING REPORT AND

RECOMMENDATION OF UNITED STATES

MAGISTRATE JUDGE

The Report and Recommendation of the Magistrate Judge, which contains her findings, conclusions, and recommendation for the disposition of this matter has been presented for consideration. The Report and Recommendation recommends that Defendant's Motion to Dismiss (document #8) be granted and that the complaint be dismissed with prejudice. Plaintiff filed written objections to the Report and Recommendation on April 15, 2013. In addition, Plaintiff filed responses to the motion to dismiss on April 9, 2013 and April 15, 2013.

Having made a de novo review of the written objections and responses filed by Plaintiff, the Court finds that the findings and conclusions of the Magistrate Judge are correct and the objections are without merit. Plaintiff has not alleged facts showing plausibility of entitlement to relief as required to defeat a Fed.R.Civ.P. 12(b)(6) motion. The Court, therefore, adopts the findings and conclusions of the Magistrate Judge as those of the Court.

In light of the foregoing, it is

ORDERED that Defendant's Motion to Dismiss (document #8) is GRANTED. It is further

ORDERED that Plaintiff's Motion to Seal (document #10), seeking to seal her response filed on April 9, 2013, is GRANTED. It is further

ORDERED that the complaint is DISMISSED with prejudice. Any motion not previously ruled on is DENIED. The Scheduling Conference set for April 26, 2013 is CANCELED.

___________

Ron Clark

United States District Judge