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Hayes v. The Bank of New York Mellon

United States District Court, N.D. Georgia, Atlanta Division

August 6, 2014

NORAH HAYES, et al., Plaintiffs,
v.
THE BANK OF NEW YORK MELLON as Trustee for the Certificate Holders of CWABS Inc., Asset-Backed Certificates, Series 2005-13 formerly known as The Bank of New York, et al., Defendants.

ORDER

THOMAS W. THRASH, Jr., District Judge.

This is an action seeking to set aside a foreclosure sale. It is before the Court on the Report and Recommendation [Doc. 14] of the Magistrate Judge recommending granting the Defendants' Motions to Dismiss [Doc. 3 & 4]. A complaint should be dismissed under Rule 12(b)(6) only where it appears that the facts alleged fail to state a "plausible" claim for relief. Ashcroft v. Iqbal , 129 S.Ct. 1937, 1949 (2009); Fed.R.Civ.P. 12(b)(6). A complaint may survive a motion to dismiss for failure to state a claim, however, even if it is "improbable" that a plaintiff would be able to prove those facts; even if the possibility of recovery is extremely "remote and unlikely." Bell Atlantic Corp. v. Twombly , 550 U.S. 544, 556 (2007) (citations and quotations omitted). In ruling on a motion to dismiss, the court must accept factual allegations as true and construe them in the light most favorable to the plaintiff. See Quality Foods de Centro America, S.A. v. Latin American Agribusiness Dev. Corp., S.A. , 711 F.2d 989, 994-95 (11th Cir. 1983); see also Sanjuan v. American Bd. of Psychiatry and Neurology, Inc. , 40 F.3d 247, 251 (7th Cir. 1994) (noting that at the pleading stage, the plaintiff "receives the benefit of imagination"). Generally, notice pleading is all that is required for a valid complaint. See Lombard's, Inc. v. Prince Mfg., Inc. , 753 F.2d 974, 975 (11th Cir. 1985), cert. denied, 474 U.S. 1082 (1986). Under notice pleading, the plaintiff need only give the defendant fair notice of the plaintiff's claim and the grounds upon which it rests. See Erickson v. Pardus , 551 U.S. 89, 93 (2007) (citing Twombly , 550 U.S. at 555). This action is totally barred by res judicata. The Plaintiffs' objections to the Report and Recommendation are incomprehensible. The Court approves and adopts the Report and Recommendation as the judgment of the Court. The Defendants' Motions to Dismiss [Doc. 3 & 4] are GRANTED.

SO ORDERED,


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