Summary
dismissing plaintiff's Fifth and Fourteenth Amendment due process claims under Barrera
Summary of this case from Easterling v. U.S. BankOpinion
CIVIL ACTION NO. G-06-689.
February 27, 2007
OPINION AND ORDER
Before the Court is a Report and Recommendation from the United States Magistrate Judge dated January 30, 2007, which recommends that the converted Motion for Summary Judgment of Defendant JPMorgan Chase Bank be granted and that the complaint of Plaintiffs, Michael Coleman and Cherrylyn Lincoln, be dismissed. The Magistrate Judge set a February 16, 2007, deadline for the filing of objections, but, to date, no objections have been filed.
After de novo review, pursuant to 28 U.S.C. § 636(b)(1)(C), this Court finds that the Report and Recommendation of the Magistrate Judge is a well reasoned and correct application of law to the facts in this case and it is, therefore, ACCEPTED by this Court in its entirety and incorporated by reference herein.
Accordingly, it is the ORDER of this Court that the converted Motion for Summary Judgment (Instrument no. 5) of Defendant JPMorgan Chase Bank, N.A. is GRANTED and that the "Complaint for Declaratory Judgment and Class Action" (Instrument no. 1) of Plaintiffs, Michael Coleman and Cherrylyn Lincoln, is DISMISSED in its entirety.