Opinion
Civil Action 4:21-cv-02603
09-06-2022
MIDFIRST BANK, Plaintiff. v. ABRAHAM JUNIOR MORRISON, Defendant.
ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUMS AND RECOMMENDATIONS
GEORGE C. HANKS, JR. UNITED STATES DISTRICT JUDGE.
On July 12, 2022, Plaintiff MidFirst Bank's Motion for Summary Judgment (Dkt. 20) was referred to United States Magistrate Judge Andrew M. Edison under 28 U.S.C. § 636(b)(1)(B). See Dkt. 21. Judge Edison filed a Memorandum and Recommendation on July 18, 2022, recommending the motion be GRANTED as to Plaintiff's request for declaratory relief and DENIED without prejudice as to Plaintiff's request for attorney's fees. See Dkt. 22. On July 20, 2022, Plaintiff filed a Motion for Attorney's Fees. Dkt. 23. That motion was also referred over to Judge Edison. Dkt. 24. On August 19, 2022, Judge Edison filed a Memorandum and Recommendation, recommending that the Motion for Attorney's Fees be GRANTED. See Dkt. 25.
No objections have been filed to either Memorandum and Recommendation. Accordingly, the Court reviews the Memorandum and Recommendations for plain error on the face of the record. 28 U.S.C. § 636(b)(1); see also Fed.R.Civ.P. 72(b)(3).
Based on the pleadings, the record, and the applicable law, the Court finds that there is no plain error apparent from the face of the record. Accordingly, it is hereby ORDERED and ADJUDGED that:
(1) Judge Edison's Memorandum and Recommendations (Dkts. 22, 25) are APPROVED and ADOPTED in its entirety as the holding of the Court; and
(2) Plaintiff's Motion for Summary Judgment (Dkt. 20) is GRANTED as to Plaintiff's request for declaratory relief.
(3) Plaintiff's Motion for Attorney's Fees (Dkt. 23) is GRANTED. Plaintiff shall have and recover its attorney's fees in the amount of $7,015.28. The attorney's fees will not be a personal judgment against Defendant, but solely recoverable as a further obligation owed under the Note and Security Instrument.
It is so ORDERED.
SIGNED and ENTERED.