Washington El v. JP Morgan Chase Bank NA

District Court, E.D. Texas

Washington El v. JP Morgan Chase Bank NA

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION

JOHN GREGORY WASHINGTON EL, § § Plaintiff, § § v. § § Case No. 4:25-cv-291-JDK-KNM JP MORGAN CHASE BANK NA, et § al., § § Defendants. §

ORDER ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Before the Court is Defendants’ motion to dismiss. The case was referred to United States Magistrate Judge K. Nicole Mitchell pursuant to

28 U.S.C. § 636

. On July 21, 2024, Judge Mitchell issued a Report and Recommendation, recommending that Defendants’ motion to dismiss be granted and that the case be dismissed with prejudice. Docket No. 15. A copy of the Report was sent to Plaintiff; and Plaintiff acknowledged receipt on July 28, 2025. Docket No. 16. However, Plaintiff did not file objections. This Court reviews the findings and conclusions of the Magistrate Judge de novo only if a party objects within fourteen days of service of the Report and Recommendation.

28 U.S.C. § 636

(b)(1). In conducting a de novo review, the Court examines the entire record and makes an independent assessment under the law. Douglass v. United Servs. Auto. Ass’n,

79 F.3d 1415, 1430

(5th Cir. 1996) (en banc), superseded on other grounds by statute,

28 U.S.C. § 636

(b)(1) (extending the time to file objections from ten to fourteen days). Here, Plaintiff did not file any objections. The Court therefore reviews Judge Mitchell’s findings for clear error or abuse of discretion and reviews the legal conclusions to determine whether they are contrary to law. See United States v. Wilson,

864 F.2d 1219, 1221

(5th Cir. 1989) (holding that, if no objections to a Magistrate Judge’s Report are filed, the standard of review is “clearly erroneous, abuse of discretion and contrary to law’). Having reviewed Judge Mitchell’s Report and the record in this case, the Court finds no clear error or abuse of discretion and no conclusions contrary to law. Accordingly, the Court hereby ADOPTS the Report and Recommendation of the United States Magistrate Judge (Docket No. 15) as the opinion of this Court. Plaintiffs claims are DISMISSED with prejudice pursuant to 28 U.S.C. § 1915A(b)(1) for failure to state a claim upon which relief can be granted. So ORDERED and SIGNED this 23rd day of August, 2025. qe J Korb JHREMYD. KERN DLE UNITED STATES DISTRICT JUDGE

Reference

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