Opinion
Civil Action 4:23-cv-00436
05-31-2023
CALARIELL P. JOHNSON, Plaintiff, v. SELECT PORTFOLIO SERVICING INC and WILMINGTON SAVINGS FUND SOCIETY FSB, Defendants.
ORDER ADOPTING
MEMORANDUM AND RECOMMENDATION
CHARLES ESKRIDGE JUDGE
Plaintiff Calariell P. Johnson, proceeding pro se, filed a “Quiet Title Action” in state court, which Defendants removed to this federal court. Dkt 1. The matter was referred for disposition to Magistrate Judge Christina A. Bryan. Dkt 5.
Pending is a Memorandum and Recommendation by Magistrate Judge Christina A. Bryan dated April 4, 2023, on the motion to dismiss by Defendants. Dkt 15; see Dkt 4. She recommends that the motion be granted because Johnson's pleading doesn't state a plausible claim for relief and shows that she doesn't hold superior title to the property at issue. Dkt 15.
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 F.2d 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 F.3d 303, 308 (5th Cir 2005), citing Douglass v United Services Automobile Association, 79 F.3d 1415, 1430 (5th Cir 1996, en banc); see also FRCP 72(b) advisory committee note (1983).
No party 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 15.
The motion to dismiss by Defendants is GRANTED.
Dkt 4.
Plaintiff's claims are DISMISSED WITH PREJUDICE.
A final judgment will enter separately.
SO ORDERED.