Trevino v. The Bank of New York Mellon

District Court, S.D. Texas

Trevino v. The Bank of New York Mellon

Trial Court Opinion

. Southern District of Texas ENTERED UNITED STATES DISTRICT COURT February 19, 2020 SOUTHERN DISTRICT OF TEXAS David J. Bradley, Clerk BROWNSVILLE DIVISION | PAULA A. TREVINO, . § Plaintiff, § v. ; Civil-Action No. 1:19-cv-00158

- THE BANK OF NEW YORK MELLON, et al., § Defendants. § . ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Before the Court is the “Magistrate Judge’s Report and Recommendation” (“R&R”) (Docket No. 8) in the above-captioned case. The R&R recommended the Court: (1) grant Defendant Bank of New York Mellon’s (“Defendant”) “Defendant Rule 12(c) Motion for Judgment on the Pleadings — Collateral Estoppel” (“Defendant’s Motion”) (Docket No. 6); (2) the action be dismissed with prejudice, and (3) the Clerk of the Court be directed to close this case. Objections were due February 17, 2020. No objections were filed by either party. A “clearly erroneous, abuse of discretion and contrary to law” standard of review is appropriate when there has been no objection to the magistrate’s ruling. United States v. Wilson,

864 F.2d 1219, 1221

(Sth Cir. Finding no clear error, abuse of discretion, or finding contrary to law, the R&Ris ADOPTED. . Accordingly, Defendant’s Motion (Docket No. 6) is GRANTED and the instant action is DISMISSED WITH PREJUDICE. The Clerk of the Court is ordered to close the case.

Signed on this | Qj th day of Fe bn i . , 2020.

. □ Roland 6 Olvera. ) gE United States District Judge

Reference

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