Opinion
Civil Action No. 3:11-CV-3421-M
06-22-2012
JOSE F. PLATERO, Plaintiff, v. BANK OF AMERICA, N.A., et al., Defendants.
ORDER ACCEPTING FINDINGS, CONCLUSIONS, & RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
The Court has under consideration the Findings, Conclusions, & Recommendation of the United States Magistrate Judge on Defendants's Motion to Dismiss, filed December 14, 2011, and Defendants' Motion to Dismiss for Failure to Prosecute, filed April 20, 2012. No objections were filed. The District Court reviewed the proposed Findings, Conclusions, & Recommendation for plain error. Finding none, the Court accepts the Findings, Conclusions, & Recommendation of the United States Magistrate Judge.
Accordingly, Defendants's Motion to Dismiss, filed December 14, 2011, is GRANTED, in part, and converted, in part, into a motion for summary judgment and GRANTED. Defendants' Motion to Dismiss for Failure to Prosecute, filed April 20, 2012, is DENIED as moot. Plaintiff's claims for violations of the Texas Property Code, the Real Estate Settlement Procedures Act, the National Housing Act, and the Texas Debt Collection Act, as well as his claims for equitable and injunctive relief against them, are dismissed with prejudice. Plaintiff's claim under the Unfunded Mandates Reform Act against them is sua sponte dismissed with prejudice for failure to state a claim.
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UNITED STATES DISTRICT JUDGE
NORTHERN DISTRICT OF TEXAS