Rivers, Sr. v. Bank of America, N.A. et al
| Cornell Rivers, Sr. |
| Bank of America NA and Mackie Wolf Zientz & Mann, PC |
| 3:2015cv00704 |
| March 3, 2015 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| Dallas |
| Jane J Boyle |
| All Other Real Property |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
12
MEMORANDUM OPINION AND ORDER granting 5 Motion to Dismiss. Accordingly, Plaintiff Cornell Rivers, Sr.'s claims against Defendant Bank of America NA are DISMISSED without prejudice. Normally, courts will afford a plaintiff the opportunit y to overcome pleading deficiencies, unless it appears certain that such repleading would be futile. In light of Rivers's pro se status, and because this Order is the Court's first review of Rivers's allegations, the Court concludes that he should be given the opportunity to replead his claims so as to address the issues noted above. If Rivers is able to replead and overcome the grounds for dismissal described, he should do so by no later than thirty (30) days from the date of this Order. Failure to file an amended pleading will result in a dismissal with prejudice of Rivers's claims against Defendant Bank of America NA. (Ordered by Judge Jane J Boyle on 8/6/2015) (axm)
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