Skip to content.
About GPO   |   Newsroom/Media   |   Congressional Relations   |   Inspector General   |   Careers   |   Contact   |   askGPO   |   Help  
 

  FDsys > More Information
(Search string is required)
 

15-1755 - Rivers v. Bank of America NA et al


Download Files

Metadata

Document in Context
15-1755 - Rivers v. Bank of America NA et al
January 27, 2016
PDF | More
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. This case has been referred to the United States Magistrate Judge for pretrial management. Before the Court is Bank of America, N.A.'s ("Defendant") Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) ("Motion to Dismiss") [ECF No. 6]. The undersigned respectfully recommends that the District Court GRANT in part Defendant's Motion to Dismiss [ECF No. 6], and dismiss Plaintiff's claims against Defendant without prejudice. The undersigned recommends that the District Court permit Plaintiff to amend his complaint within 30 days of the date the District Court enters its Order on Defendant's Motion to Dismiss. Should Plaintiff fail to comply with the District Court's Order directing him to amend his complaint within 30 days, the undersigned recommends that the District Court dismiss Plaintiff's claims against Defendant with prejudice. (see order) (Ordered by Magistrate Judge Paul D Stickney on 1/27/2016) (mcrd)
February 23, 2016
PDF | More
ORDER ACCEPTING 18 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: IT IS THEREFORE ORDERED that Defendant Bank of America, N.A.'s ("Defendant") Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) [ECF No. 6] ('Motion to Dismiss") is GRANTED IN PART, and Plaintiff Cornell Rivers, Sr.'s ("Plaintiff") claims against Defendant are DISMISSED WITHOUT PREJUDICE at this time. Plaintiff has 30 days from the date of this Order to file an amended complaint addressing the deficiencies raised in Defendant's Motion to Dismiss. Should Plaintiff fail to amend his complaint within 30 days, Plaintiff's claims against Defendant will be dismissed WITH PREJUDICE. (Ordered by Judge Barbara M.G. Lynn on 2/23/2016) (sss)