Wells v. Bank of Am., N.A.

Full title: GARY WELLS, Plaintiff, v. BANK OF AMERICA, N.A., Defendant.

Court: UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

Date published: Sep 12, 2014

Civil Action No. 3:13-CV-3658-M (N.D. Tex. Sep. 12, 2014)

Opinion

Civil Action No. 3:13-CV-3658-M

09-12-2014

GARY WELLS, Plaintiff, v. BANK OF AMERICA, N.A., Defendant.

BARBARA M. G. LYNN UNITED STATES DISTRICT JUDGE NORTHERN DISTRICT OF TEXAS

ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

After reviewing the Findings, Conclusions, and Recommendation of the United States Magistrate Judge for plain error, I am 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.

Defendant's Motion to Dismiss and Brief in Support, filed September 19, 2013 (doc. 4), is GRANTED in part and DENIED in part. Plaintiff's claim against Defendant for an accounting is DISMISSED with prejudice for failure to state a claim upon which relief can be granted. Remaining for trial are Plaintiff's claims for breach of contract, limitation of actions under Tex. Civ. Prac. & Rem. Code § 16.035, quiet title, declaratory judgment, and injunctive relief.

SIGNED this 12th day of September, 2014.

/s/_________

BARBARA M. G. LYNN

UNITED STATES DISTRICT JUDGE

NORTHERN DISTRICT OF TEXAS