Nicholas v. BBVA Compass
Nicholas v. BBVA Compass
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:19-cv-00407 Timothy Nicholas, Plaintiff, v. BBVA Compass, Defendant. Before BARKER, District Judge ORDER Plaintiff, proceeding pro se, filed a complaint against BBVA Compass alleging violations of the Fair Debt Collection Prac- tices Act,
15 U.S.C. § 1692, ef seg., and other common law claims, on September 10, 2019. Doc. 1. The case was referred to United States Magistrate Judge John D. Love pursuant to
28 U.S.C. § 636(b). Doc. 2. On November 26, 2019, defendant filed a motion to dismiss plaintiff's claims pursuant to Federal Rule of Civil Procedure 12(b)(6). Doc. 4. On January 8, 2020, the magistrate judge issued a report, recommending that de- fendant’s motion be granted and that this action be dismissed without prejudice for failure to state a claim. Doc. 9. A copy of this report and recommendation was served on defendant via the court’s CM/ECF electronic filing system and served on plaintiff via certified mail. Plaintiff acknowledged receipt of the report and recommendation on January 28, 2020. Neither party has objected and the time for doing so has passed. The court therefore reviews the magistrate judge’s findings for clear error. See United States v. Wilson,
864 F.2d 1219, 1221(5th Cir. 1989). Having reviewed the report and recommendation, the court finds no clear error or abuse of discretion and no con- clusions contrary to law. Douglass v. United Servs. Auto. Ass’n,
79 F.3d 1415, 1420(Sth Cir. 1996) (en banc). Accordingly, the
report and recommendation is adopted as the opinion of the court pursuant to Fed. R. Civ. P. 72(b)(3). Defendant’s motion to dismiss is granted. Plaintiff's claims are dismissed without prejudice. So ordered by the court on February 25, 2020.
J/CAMPBELL BARKER United States District Judge
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Reference
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