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Cisneros v. Williams

United States District Court, Southern District of Texas
Nov 8, 2021
Civil Action 1:21-CV-106 (S.D. Tex. Nov. 8, 2021)

Opinion

Civil Action 1:21-CV-106

11-08-2021

REYNALDO CISNEROS, Plaintiff, v. ERIC WILLIAMS, et al., Defendants.


ORDER

Fernando Rodriguez, Jr. United States District Judge

Plaintiff Reynaldo Cisneros filed this lawsuit in a Texas state court contesting the foreclosure sale of his home to Defendant Eric Williams after Cisneros defaulted on a loan provided by Defendant Franklin Credit Management Corporation (“FCMC”). (Orig. Pet., Doc. 11) FCMC removed the case to federal court (Notice of Removal, Doc. 1, ¶ 14), and Cisneros then moved to remand (Mtn. to Remand, Doc. 11).

A United States Magistrate Judge recommends that the Motion to Remand be dismissed. (R&R, Doc. 21) No objections were filed to the Report and Recommendation. The Court finds no clear error in the Report and Recommendation.

After the Magistrate Judge issued the Report and Recommendation, Cisneros filed a Motion for Leave to File an Amended Petition to state substantive claims against Williams. (Mtn. for Leave to File Am. Petition, Doc. 22) The Court denied that motion. (Order, Doc. 27) To the extent that Cisneros intended his motion for leave to file an amended pleading as an indirect objection to the Report and Recommendation, the objection is overruled.

As a result, the Court ADOPTS the Report and Recommendation (Doc. 21). It is:

ORDERED that Plaintiff Reynaldo Cisneros's Motion to Remand (Doc. 11) is DENIED;

ORDERED that Plaintiff Reynaldo Cisneros's claims against Defendant Eric Williams are DISMISSED WITHOUT PREJUDICE; and

ORDERED that Defendant Eric Williams's Motion to Dismiss (Doc. 18) is DENIED as moot.


Summaries of

Cisneros v. Williams

United States District Court, Southern District of Texas
Nov 8, 2021
Civil Action 1:21-CV-106 (S.D. Tex. Nov. 8, 2021)
Case details for

Cisneros v. Williams

Case Details

Full title:REYNALDO CISNEROS, Plaintiff, v. ERIC WILLIAMS, et al., Defendants.

Court:United States District Court, Southern District of Texas

Date published: Nov 8, 2021

Citations

Civil Action 1:21-CV-106 (S.D. Tex. Nov. 8, 2021)

Citing Cases

Jones v. Wilmington Sav. Fund Soc'y, FSB

Accordingly, Cisneros's claim of wrongful foreclosure against Franklin Credit does not create a cause of…