Summary
holding an FDCPA claim was not properly alleged against a defendant law firm when the complaint failed to allege facts to support that the firm "regularly collected or attempted to collect . . . debts" in a case where the firm "wrongfully" instituted a foreclosure and eviction proceeding
Summary of this case from Spencer v. Hughes Watters Askanase, LLPOpinion
CIVIL ACTION NO. 3:12-CV-4986-G (BH)
06-18-2013
PAUL MARTINEZ-BEY, Plaintiff, v. BANK OF AMERICA, N.A., AS SERVICING AGENT FOR WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2001-11 MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2004-11, ET AL., Defendants.
ORDER ACCEPTING FINDINGS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
After reviewing all relevant matters of record in this case, including the findings, conclusions, and recommendation of the United States Magistrate Judge and any objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the undersigned district judge is of the opinion that the findings and conclusions of the magistrate judge are correct and they are accepted as the findings and conclusions of the court.
Plaintiff's federal complaint for violations, filed December 5, 2012 (docket entry 3) is DISMISSED pursuant to 28 U.S.C. § 1915 (e)(2)(B)(ii) for failure to state a claim upon which relief may be granted. By separate judgment, all of his claims against defendants will be dismissed with prejudice.
SO ORDERED.
______________
A. JOE FISH
Senior United States District Judge