Lyons v. Wells Fargo Bank

Full title: LARRY E. LYONS, Plaintiff, v. WELLS FARGO BANK, N.A., Defendant.

Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

Date published: Aug 13, 2018

CIVIL ACTION NO. 4:17-CV-1635 (S.D. Tex. Aug. 13, 2018)

Opinion

CIVIL ACTION NO. 4:17-CV-1635

08-13-2018

LARRY E. LYONS, Plaintiff, v. WELLS FARGO BANK, N.A., Defendant.

ANDREW S. HANEN UNITED STATES DISTRICT JUDGE

ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATION

Pending before the Court in the above referenced proceeding is Defendant's Motion to Dismiss for Failure to State a Claim (Doc. #11), and Magistrate Judge Stacy's Memorandum and Recommendation (Doc. #15) that the Court grant the Movant's motion. Plaintiff Larry E. Lyons 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 Lyons failed to state a claim for which relief may be granted, Accordingly, the Court hereby

ORDERS that the Memorandum and Recommendation (Doc. 15) ADOPTED. Defendant Wells Fargo Bank's Motion to Dismiss (Doc.11) is GRANTED.

Plaintiffs case is DISMISSED WITH PREJUDICE. Entry of this Order shall constitute entry of final judgment.

SIGNED at Houston, Texas, this 13^th day of August, 2018.

/s/_________

ANDREW S. HANEN

UNITED STATES DISTRICT JUDGE